ML20126C502
| ML20126C502 | |
| Person / Time | |
|---|---|
| Issue date: | 05/05/1980 |
| From: | Mattia M NRC OFFICE OF ADMINISTRATION (ADM), WE TRY HARDER, INC. |
| To: | |
| Shared Package | |
| ML20126C498 | List: |
| References | |
| CON-NRC-10-80-371 NUDOCS 8004030044 | |
| Download: ML20126C502 (61) | |
Text
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Pact Or ST AND A. D FORM 26. JutY 1966 3
AWARD / CONTRACT e
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,1 h'o*"of'E#c"EI' ^."io" l 5, CONTRACT ( F,.c. J.ss. Isa.L/ HQ.
- 2. (Pf!CTIVI oAff
- 3. REQUI5: don /PVRCHA&E REQUt$T/PROACT NO.
- 4. CttfiFito 704 NAflON AL DEf tN58 WNQ(R SD$A l NRC-10-80-371 May 5, 1980 ADM-80-371 l'Ah'o* * ' ' "' "" ' '
s.issuco sY coor
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"I"*""""'l Division of Contracts 0 < >""
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ashington, DC 20555 coorj j
racn.rry cocc l
- e. o.sCou~r non riourt cArmeNT Ie. coNinActon NAME AND ADDRESS We Try Harder, Inc.
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1901 North Ft. Myer Drive, Suite 302
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Arlington, VA 22209 lo. SUBMIT INVOICES (4 c.pses..It ss. seep' s l
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,parijf as) TO ADDag55 SHOWN IN BLOCK L.-
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- 11. 5 HIP fo/ MARK FOR CooEl l
12 PAYMENT WitL BE MACE BY CooEl U.S. Nuclear Regulatory L.cmmission U.S. Nuclear Regulatory Commission Building and Operations Branch Division of Accounting 7735 Old Georgetown Road Office of the Controller Bethesda, MD 20014 Washington, DC 20555 0iousc2soai.* i i3 vms nocuu iNr was D Aovransto.
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- 14. ACCOUNTING At o APPRoPRIADON DAIA B & R No.: 42-20-21-504 Appropriation Symbol:
31X0200.400
$25,820.21
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QUANTITY UNIT UNIT PetCE AMOUNT The Government hereby accepts your offer dated 1
March 7, 1980, for the lease of ten (10) Class III Secans, submitted in response to Solicitation 4
No. RS-ADM-80-371 dated January 31, 1980.
l In order to reflect administrative changes, under SECTION K-CONTRACT ADMINISTRATION DATA, Subsection K.2 is ! deleted in its entirety and substituted with the following in lieu tr ere af:
I "K.2 OBLIGATION OF FUNDS AND COMPENSATION i.
j a.
The Contractor is authorized to submit invoi ces l
for Item 1 of Section E on a month'ly basis, at the rate of $262.45, and Item 2 of Section E on
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a monthly basis, at the rate of $213.30 per mon th a
for all units, subject to Article K.3.
Charges for vehicle tags, State of Maryland reaistration,a,d required 4pections_for-sachsedan-pr4v?delmax be invoked for-upon $ncurrence-21.
TctAt A% Cunt OF CCNTRACT $pc;_ppq 71 i
CONTRACTING OFFICER SY'lLL ContPLETE BLOCK 22 OR 2G AS APPLlCABLE n.
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s 2. otsCE.ncM or w.ucat~rm=ceuC AtroN 3. - g.a;,..y;.v.:.. 3.p g r g., y y.g.4., 3.z u g g g g q A The purpose of this amendment is to extend the bid opening date by one delivery date of the' automobiles from March 20,1980,.to May ~5,* 980.EN.M.M4/
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CHANGES' b-9 '. 4 On Page 1, Part I, Solic'itation, Offer and Award, the ~date'specified?in Block No.;$
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for bid opening is hereby changed from 2/29 80 to'3/7/(80.4
'%7.u.y.cd..,:p??fyffWiQy _ Q.Qi$if Under Section H,' Delivertes/ Performance',~ Subsection H.2,; Time of: Delivery,* delete ' "se i II.
in lieii"thereof
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two sentences and substitute"the'fb11owing.Q$$M%'W:.94 G.t[V
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The term of.the lease shall be from date of,ed'no lla't.er L han.Ma
" Items 1 and 2 of:Sectiori E shall be deliv.er receipt' by he Government of A.
a.h 20,(1981.g"d5 l ithe' vehicles described in Items 1 cid 2 thrb0gh' MarEh f
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,,,. '.C.ortt.i FO r.$$.urNC CrFICE ~f C'htI AC100/Cf f ract g5 Not etOV:EtD CCNitaCICA/Cf tttOA IS A!CU'afo to f!CN,THIS DOCUwt.NT AND titutN
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'WED OY COCf l 4 ACCRESS CFf tH 70.et ::*er en. i o.oca /;
U.S. "uclear Regulatory Commission Division of Contracts Same As Block 7 Washington, DC 20555
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SOLICITATION Swed of f ers en original and 2 sionerj copies for furnishing tho supphes or services in tt e Schedule will be received at the place specified in bloc k 8. or' 2:00 p.m.
foc,i t,m, 7/?o/cn s/ htndcarr,ed. in the Oeposetory located sn n. 286, 7915 Eastern Avenue unia Silver Spring, MD 20910 mour) m,te) this is an advertised schcitation, Cf fers will tse pubhcly opened at that time.
AUr/ON - L A TE OFFERS: See cars l and 8 of Solscitation Instructions and Condutions.
Il Cffers are subject to the following:
1"7b
- 3. The SchWule includd herein and/or attxhed hereto,
. Thz Sohcitation instructions and Conditions. SF 33.A, erfstion which is attached or incorporated he,ein by reference.
- 4. Sucli other provisions, representations, certif cations. nd specifications 2-15-78 The General Provisions. SF 32.
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Etts.ched or incorporated herein by referenct.
(Attachments are listed on schedute.)
CR INFORMA TION CA LL IName & refechone no.J fNo collect catts) >
Hr. Mark F1vnn, Area Code 301, a27 aa?0 SCHEDULE
'3 io itEu No o suP5'uls.5ERviCEs 12 ouANiity 14 uNir pA Cg is AuCvNT g
Note: The address shown in Block 7 is for mailing only.
Handcarried solicitations should be addressed a.'
indicated 4n Block 7 and deposited in the SOLICI.AT ION DEPOSITORY located in Room 286 at 7915 Eastern Avenue, Silver Spring, MD.
Telegraphic responses are not authorized.
s..<-,,,io...e o ua -.oacn.a r
OFFER (pages 2 and 3 rnust also De tuity completed by otteror) comphtnce with the above, the undersigned agrees. if this of f er is accepted withsn 45 caienda, days reo ca/,nd,e d,v, unless, d.irerent per,od,s aserred by the c//eror) from the date for re.eipt of of fers specified above. to furnish any or allitems upon which prices are of fered at the price set opposste each em,dehvered at the designated pointis), wat Nn the time specified an the schedule.
L DiSCOL;NT FOR PRCuPT PavuENI #ss. o.' e. 5 4 Js de None
% to CALENCAR Dav$
% 00 CALENDAR DAYS.
% 30 CALEGAR D AvS CALENDAsr DA 'S
- 7. OFFEROR CoCf l l
Facstsrr Coot l is Naut ANo riTLE OF PER$oN AUTHoRi(ED TO SIGN OFFER r iro. or ormes
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EEs's We Try Harder, Inc.
Gregor.y McIntyre
',82"l 'f'l;,
1901 North Ft. Myer Drive, Suite 302 Dist[i,tManage
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_ Arlington, Virginia 22209 is sicure
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=CCoE ANo rELEPsoNE No >2 a_g),mgupese:
Mgp 70 528 10 3..c..,.e_.,. _ rs.
V AWARD ( To be Compseted by Government)
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t ACCE#f E0 AS TO lf tuS NuuBERED 22 AMOUNT 23 ACCOUNTING AND APP PRiA fi N OAT
^ 0 4 Suzusf #NvolCES se coovs e<ess osa.,..se swk.as
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f3 A00at$$ ShowN sN etocu 8' u S C 252ict s i
6 AourNiSTEa(0 ev COOf l 2F PAvu1NT wiLL BE uADE ey CODE l shon.o ossa anoce is o
e N2uf of CCNtnAcfvemesCtR s tree on e,sa<e
- 29. UP iTED STATES OF AMERICA 30 AW AR0 0AIE BY (Signature of contract >ng othcer)
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e oo e. n,_ on on., s.orm or e strisure form 2e or or.un.* u wo.wm m e 0-131 Stancard Form 33 Paqse 1 (HEV 3 77)
Prescribed by GSA. FPR M t CFR) 1 16 101
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o n; MSLN f AT:n::ll u e em:l 0 ;.ll a. !.ca'.H w es or Bocks i Th: ctten,r rur-vru*. sm' o Ns ot'cr that:
1.
St.'.At.L BU6sNE SS ISa pa.14 cn SF 33 A.)
r He C is,Xl is not, a sman business concern. If of feror is a small b.isirms meern and is not the manuf acturer of the* supplies of fere:f, he also represents thJf.11 supplies 'o be f urnished hereunder C will, GNil not, Le manuf acturered or produced by a small husiness concern in the United States,its pusscssions, or Puerto Rico.
4, MINORITY BUSINESS ENTERPRISE He O is,O is not, a minority business enterprise. A minority business enterprise is defined as a " business, at least 50 percent of vshich is owned by minority group members or,in case of publicly owned businesses,at least 51 percent of the stock of which is owned byminority group members." For the purpose of this defmition, minority group members are Negroes. Spanish speaking American persons, American Orientals, American Indians, American Eskimos, and American Aleuts.
3.
REGUL AR OE ALE R - M ANU F ACTUR E R (Applicable only to supply contracts exceedina S10,000.o He is a 2 regular dealer in C manufacturer of, the supplies of fered.
4.
CONT lNCENT F E E (See par.15 on SF 33.A.)
(a) He O has, K has not, employed or retained any company or persons (other than a /ull.fime bona /ide employee working solc/y for the c//cror/ to solicit or secure this contract, and (b) he O has,X.j has not, paid or agreed to pay any company or person (other thJn a full.
f time bona /ede employee worbng solely for the o//cror) any fee, commission, percentage, or brokerage fee contmgent upon or resulting from tho award of this contract: and agrees to furnish information relating to (a) and (bl above, as requested by the Contracting Officer. (Interpre.
tation of the representstoon, including the term " bona fide employee,"see Code of Federal Regulations. Title 41 Subpart 1-1.S.)
5.
TYPE OF BUSINESS ORG ANIZATION He operates as O an individual, O a partnership, O a no*nprofit organi?rior..We corporation, incorporated under the laws of the State of Delaware 6.
AF FlL1 ATtON ANO 1OENTlFYlNG O AT A (Apulicable only'to advertised solicitatro rs.)
Each of ferur shall complete Ia) and (b) I applicable,and (c) below-(a) He G;is, O is not, owned or controlled by a parent company. (See par.16 on SF 33.A.)
(b) If the of feror is owned or controlled by a parent company, he shall enter in the blocks below the name and main office address of the parent company:
~
AVIS, Inc.
c o u.~ omer moonss 1144 Avenue of the Americas
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uoueo. nw=tcoun a 6
New York, New York 10036 oen-,
$Ga aunosta s iot=inicain.m muurstaesaa ram si.pa ss JJ ai oHf Mo# 5 i s. No um# 4 r i,umse44' & a s so 430923660 430923660 13289881 7.
EQUAL OPPORTUNITY (a) He E has, O has not, participated in a previous contract or subcontract subject either to the Equal Opportonity' clause herein or i
the riause originany contammt in section 301 of Es.rutive Order No.10925, os the clause contained in Section 201 of Executive Order No.
11 I 14; that he fd ha.., O h.n not, filed all rntmrni compliam e reports. and that repre.,erstations isul.catintt submissisus of rnporni cinnple.uwer
'hjisu h, ugnal by progm esnt whcontractors, will lu. obtaineil prior in subcontract awards. (The ahnvc sepersentatmo nent not !== sutunntni ne connectum with runtra. Isor subcontracts whu h are cuempt from the equal opportunity clause.)'
(b) The hulifer (nr of feror) r* presents ihot (1) he P3 has deveruped and has on f.te, O h.n...i deven.pni a.ui do., nni h..vr.wi ta.....
each estabbshment af f um. steve action pros.iram=,.n erquired by the rules and reijulatioc,s el the Sauct.u y ni Lalun (41 Cl 14 Gl I.put G0 ".'l
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(d) he O has not previously had contracts subject to the written af firmJhve action programs requerement of the rules and sei,,olatanns ni the Secretarv of Labor. lThe above representation shall be comptered by each bidder for offeror) whose bid (offer) is $50,000 or more aunt who lus 50 or mnre employces )
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CERTIFICATlONS ICheck or conent. re au sovhc.sble homes or tauchl A
- 1.
BUY AMERICAN CERTIFICATE The of feror certdies as pari of his of fer, that; each end product, except the end products listed below,is a domestic end product (as defmed in the clause entitled " Guy American Act"); and that components of unknown origin have been comidered to have been mined, produced, os manufactured outsute the Umted States, aneom us o.uc.=
scruros o tun *vuum United State's si.u $.=eu..a n e. r : ini v a i n
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2 CL C.*.:J,*d 3 M D W AT'iit.'A:;mcA!s J :!w tid or o!'rt exceen ::W ; ' o + ', :a:Wiiri o!Lcer hJ; deertwe ' **ar crf n under a 1.n.'inmte :;uantity context in sny year wal emed !!C0iv0. or J f.oah.*; :o G u sed.%s been the subject of a cractwo uner the C:nn Nr Act !J2 > S C.1357c-3(ctf1))or the Federal Wster ivilurian Car,trut Act (33 U.'.;.C.1319(c)) and a lisred t,, E;u, or is not ot!<rmse e) =mpt i The bidde or of feror cert'if es as foHows:
(a) Any f ac:hty to tac utilized in the performance of this proposed cor. tract O has. C has not, been listed on the Environmental Protection A>;ency 1.ist of Vio ating Facilities.
1 (b) He will promptly notify the contracting of ficer, prior to award,of the receipt cf any communication from the Director, Othce of Feder.,1 Activities, Envirnnmental Protection Agency, indicating that any facility which he proroses to use for the performance of the contract is under consideration to be listed on the EP A hst of Violating Facilities.
(c) He ws!! include substantially this certification, including this paragraph (c), in every nonexempt subcontract.
3.
CE RTIFICATION OF INDEPENDENT PRICE DETERMIN ATION (See par.18 on SF 334) la) By submission of this offer, the offeror certifies, ano in the case, of a joint of fer, each party thereto certifies as to its own organization, that in conneation with this p.ocurement:
(1) The prices in this affer have been arrived at independently, without cor'sultation, communication, or agreement, for the
)
purpose of restricting competition, as to any matter relating to such prices with any other of f eror or with any competitor; (2) Unless otherwise required by law, the prices which have been ciuoted in t*)is cf fer have not been knowingly disclosed by the of feror and will not knowingly be disclosed by the of feror prior to opening in the case of an adrettded procurement or prior to award in the case of a negotiated procurement,6tectly or indi'ectly to any other of f eror or to any competitor; and (3) No a,ttempt has bee 1 rnade or will be made by the offerer to induce any other person or firm to submit or not to submit an J
of fer for that purpose of restricting compehtion, j
(b) Each person signing this offer certifies that:
(1) He is the person in the of fe'or's organization responsible within that organization for the decision as to the prices beino of fered hcrcin and that he has not participated, and will not participate,in any act on contrary to (a)(1) through (a)(3), above; r,r (2) (il He is not 'the person in the offeror's organization responsible within that organi2ation for the decision as to the prices being of fered herein but that he has been asthoriz,ed in writing to act as. agent for the persons responsable for such decision in ca.rtif yirg that such persons have a of participated and will not participate,in any action contrary to (aH1) throust) (a)(3) above, and as the.r age:nt does herelay w r:ertif y,and (ii) he has not participated, and will not participate,in any.ction contrary to (aH1) through (a)(3) abo e.
K.n 4.
CCnT:F1 CATION CF NONSEGREGATED FACIUTIES (App locable to (1) conte.n:ts. (2) mbcon:rxts. aml (3) at:rrvenivers work appScants udsu are thernseless per/ornoony lects rJilf a$55$tCdconstrvCrion Coatracts, escrerlinty S!O,00J which.We rust etern{or fr0rn the provraions of the Equal Opportunity clause )
By.the submmion of this bid, the bidder, offeror, applicant, or subcontra; tor certifies that he does not maintain cr provide for his emptovees any segregated facilities at any of his establishments, and that he dNs not permit his employees to perf orm their se vices at any Soutica L,nd-r his control, where stgregated facilities are maintained. He certifies f urther that he wilinot maintain or proy de fcw his employ-ces any supegated facilities at any of his estabbshments, and that he will not perinit his employees to perform their services at Joy loc.ition, under his centrol, where segregated facilities are maintained. The bidder, off eror, applicant. or subcontractor agrees that a breach of ttws cer.
tification is a viofacion of the Equal Cpportunity clause in this contract. As used ;n this certihcation, the term **segregJted facilities" means any waiting rooms, work areas, rest rocms and wash rooms, restaurants and other sating areas, time c$ocks, locker rooms und other s orge nr dremng reas, parking lots, drir king fountains, recreation or entertainment a eas, transportation, and housing f acshties provided for ernp'oy%s which are segregated by explicit directsve or are in fact segregated on the basis of race, color,rehgion or national ori.pn. becaus?
cf hbit, local custom, nr othemoe. He further agrees that (except where he has obtained kknti.ul certificatioits from propcsed subcontrar. tors for speci ic time seriods) he will obtain, identical certificattor's from proposed sarbcontr.1r: tors prior to tt e award c,,f f
sobetuitracts exceedmg S10,000 which are not exempt from the provisions of the Equal Opportunity cle.use; that he will retain such cereduriesns in hn hies and that he will forward the followirig notice to such preposed subcontractors (c:scept where t ec propns d sul.c.mten ents have whmitleil nietiliul r.cs tefications for specific time periods):
N.oma to pr+=4)ectne suhomosactm s of ruquormaint for cintifications of no.itagn pd f aohw e
A Cortificteoa ut Nonsciar..q.oert Facilith:, mu. be submitted prins to the awani ni a subenmas t eu er hini $ lt).Orit) ulwh r. sad cumpi from the picvi. ions of the Equal Opporiunity clauw. The certi6ation may be submmat nther foe each ustuueosa. t n. fn all mbe.nntr.mts durmg J period (i.e., quarterly, semiJnnually, or annually). NO TE. The peris /ty /ur naA,ny isAc nl/rn n pr,%nt,n/ in I:t U.S.C 1001.
awo.netaa no oare aurwut=,%o ont ACMND',*.'L:CGMENT OF AMENOMENTS l
Tho ol%ror sone + ops rneuiot of arnano. -
- 1 2-22-80 mont.s 13 fn.:F.c!N for offor. and rA nod l
ck cum mta r urndwrmd and det.u as fottows ho li O *:co s mm: wt f.uth tuit xcurs:e an<I com,3:ete unformation.a requoted tw thor Saheit. wen Ionavernptexnmmt1). Ine pwti,e fsn *nkna I.,!ae su:. n omes in nifers it torrsershnt in,*3 U S C 1001.
_._7_._.
f
- e4 nep'rm nt.iLiens. Certi ficaticas, and Acbcaledgments Con tinue 33 (pnge 3)
D. 5 MCntal-0UNED BUSINESS The busin'ess is Concern is O is not 6 a woman-owned business.
yes publicly owned, a joint stock association, or a business trust _
The business,isg certified gnot certified.
no.
A woman-owned business is a business which is, at least, 51 perce or women. Controlled is ow.ned, controlled, and operated by a woman Operated defined as exercising the power to make policy dec for the purposes 'of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted.
Exempted businesses may voluntarily represent that they are, or are not, woman-owned if this information is available.'
PERCritT OF FOREIG!! C04 TENT _
D. 6.
af ter tne award of a contract, the percent of the r
The of the item or service being procured expressed as' a percent of the contract awcrd price (accuracy within plus or minus. 5 percent is
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!10N-DIJCRIMINATION BECAUSE OF AGE CERTIFICA
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.The bidder hereby certifies as follows:
? ito he and his
.h (a) In the performance of Federal Contracts, subcontractor me,n,, advancement, or discharge of employees
.s t
their employment, discriminate against persons because of
~
their'cyc execpt upon the basis of a bona fide occupational retirement plan..or statutory requirement, and.\\ Al4;;g,
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That. contractors and subcontractors,, or persohs ar. tim.;z
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](b) on their behal f, shall not speci fy, in solicitations"o'r -
advertisi.ments for employees to work on Gnvernmr:nt cunt.ract.
a maxhnum age limit for such employrcent unless the spcr.if t il maximum age limit is based on a bena fide occupational -
quali fication, retirement plan, or stat 0 tory require:nent.
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u..;c1TIONS & OTHER STATEMENTS
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GF OFFEROR (Continued) ai Register (4 Fk 22610 FW"[1 20. IM9 B.8 DOV NION No. 5.5 gpr f'
- r.iz.uiun of sm:u :nEns cencerns E
EI.1 v.at Sm.al Uus.n:n Concer:n Own.d '
m: d Can'. nMed Ly Luci:H.v sad l
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mL sma,..,the policy cf the Uni:ed S:stes (a) It is
.J r1 business c:ncerns and sinsil
. t.u bus: ness concerns owned unil cent::iled N.. < M.,W_.. w. i. W ~
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by socm!!r snd ec:nomien!!y S".M '..~"..'.E.y,'
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t d.i:.idvante ed individuals shell haik'
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(b) The c:n:::c:cr hereby :grecs :o 9' ~ ~ ".: j'"7 ;.' ";.. ' '.
entry o.it :his pcl. icy in the awardin*- of
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at:n:y w:::ch inns be necessary in V.
' *ct=:n :he estent of *.hc contr.iciais
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c=ncern. sus!! =enn a snia;l business as f.'. NN.,.,.;.
{c.'(t! The term "srns!! buriness 2:
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- 4 5=s:13:uiness Act and in refer::nt se;.!a:ie::s prc=c!,,2ted put::: t..
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N scrnum of the stock of tvh!r.h is oused t
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d5adynnts;ed intiividua'.s include Cl:ch f /.. f. %,M.h /.
keericans. His;.ame Arect c:in:..%tive a*
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i Aincrican:. Jeal c hcr rnherities, or uny och.r sn<iiridual !cund '; be
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M:::m:strat:nn pursuan: to sec:ica n(s) ofie 5me!! Dmines Act.
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48 0 Contracters seitas in sul fab may relf
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.rt-subcontractors se e her a small business 3
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smacren ne a sm41 business concem owned
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and car.iruited by socially and economically i - "
shwh entaged individuals.
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'Fage 5 I C0tiTMCT FORii & REPRESEllTATIO is, C0tiDITIOils & OTHER STATEMEtlTS SECT 10il B OF 0FFEROR (Continued)
D.
C0flTRACTOR ORGAtlIZATI0tlAL C0t1FLICTS OF IrlTEREST
~"'
I repr%sent to the best o'f my knowledge and belief that:
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The award to We Try' Harder, Inc.
ofacontractorthe'.?'.[.h[Qs
) or does not (
) involve MpM6 modification of an existing contracs does (
situations or relationships of the type set foith -in.41 CFR paragraph' lMQ. MM
. 20-1.5a03(b)(1).
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If the representation as icmpleted indicates' that situations or relationships of the. type set forth in. 41 CTR.2.0-1. 5A03(.b.)(1) are V.j...c involved or the Contracting Off'icer otherwire determines..that. potent-ial. ?!c.] '. J:N
~
organizational conflicts exist, the offeror shall provide a statement
,..pR).4E.
.in writing which. describes in a concise manner all relevant facts
' $..;1. M bearing on his representation to the Contracting Officer.
If the A F 's.f
'.^6.lc.*
Contracting Of ficer determines that organization _al conflicts exist, the..~
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following' actions may bc.taken:
4 (i)
Impose appropriate conditions. which avoi'd such conflicts, 4.s
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~(li) ' disqualify the offeror,;or
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(iii) ~ ' determine that it is otherwis.e in _the.bes.t..interestfof! the b..f
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' United States to. seek award.of thescorttutt,under :thewa'iver w.'
y provisions of s 20-l'.5411.-
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The refusal to provide the. representation required by. 5"20-1.5404(b)
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.y or upon request of the Contracting Officer the facts required by k2 Tcw N
~'
5 20-1.540a(c)', shall result in disqualification of the. offeror for.
award.
The nondisclosu're 'or misrepresentation of any relevant interest ir ' - ai
-i, may aly resul t in,tne-discpalification of 'the' offerer for awards; or if 'such nondisclosure or' misrepresentation.is di'scovered af ter award, G ',.. '. ~ -
... ' M.,1, the resulting. contract may be terminated. ;The offeror may also 'be
/
disqualified frem subsequent related MRC contracts. and be subject t.o.
Q.1I hs
' T,. ; Ol such other remedia1 actions provided by law or. the.resulti.ng.contrac-t.
~
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- g The offarnr 'may, becauhe of actual ir. potential.organizdtional conf 1icts. 3/. 4' W I
~ ni int.crer.t., propose to exclude specific. kinds of work from the sta'te--
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ments of' work contained in a RFP.unless the.!!FP speci.fically prohib'its Mj '
such exclue. ion.
Any such proposed exclusion?by an offeror will be
.E considered by the liRC in the evaluation of proposals.
If the.flRC l @' ',
consul.:.r, the proposed excluded work to be an essential or inteoral
' i 7
part of the required work and its exclusion would work to the detri:nont of the competitive posture of the other offerurs, the proposal must be rejected an unacceptabic.
I#
The ofl3ror's failurh to execute the represen'tation required here'in with cenpoct-to invitation inr bids will be considered to be a. minor il.'l i
inftma.ility, and the nfier.n will. he permitteri to c.w. :ct the emin. ion.
i-4
'*~,; '
,5.y cont.rakt resul ting freu a solici tation requireient shall include ijenoral
,c,;
.;i.urms (41. C1120-1.510.;-l) prohibi ting centractorr.froc enynoinq -inive t.
. e :1.itiinn. hip..which may g' onal Conflic ts o f." Interest (41. C..7 Pari 30)' i s'. y %.C.%
W:C Coni.racine Orotuli.mti includ:d a f At tac!iniint : M.l.2. *
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- 7. LATE niriS, MODIFIC ATIONS OF DiO3, OR W;iSGWAL OF
- 1. OWNI7 t0NS.
DiDS.
Asus.d L<rnn:
(a) Any bid recciud at tbc o%c d.Tignau d.in t he drita ti.;n a fie (a) The term %hdtal;o(* n.cm invitation for N!s (Irel wh-re the euct urie s;>eci6cd for rec-ipt will not be considered unless a a,r the pnicurcm. nt is adscrtm 'l. and Rcquest for Propml (RFP) where received before award is rnade mnd enher:
the birnenremer t is negotian d.icna "u'Ti r'*
means bid where the prxur ment is adver.
(1) It v.as sent by resistued or certified mail net later than t' e
( ). Th, f
tired, ami picpusal *hrra the procurement is nuotiated.
fifth cabendar day prior to the date specf pd for the, receipt of bids (c) Enr purpvus of this sohcitatic,n and %rk 2 of Standard Form (e g., a bid submitted in response to a rohcitanon rcruiring receipt of i
n the t. rm "advernsed" includrs Small Business Restricted Adver.
bids by the 20th of the month must have been mailed by the 15th or t:3ind and othrr ty p. s uf restricted advertisi sg.
ca rlict ) ; or (2) It was sent by ma,il (or telegrain if author, red) an'd it is
- 2. PfiEpARATION OF OFFERS.
J.
determined by the Government that the late receipt was due solely tol (a) Ofrcrors are expected to examine the drawings, speci6 cations, mishandhng by the Government after receipt at the Government -
u Schedule, and all instructions. Failure to do so wil.
',e at oderor's installation.
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(b) Any modi 6 cation or withdrawal of a bid is subject t'o the same (b) Each " offeror shall furnish the information required by the-conditioru as in (a), above. A bid may afin be withdrawn in person;,;
solicitatiois. The offerer shall sign the solicitation and print or type by a bidder or his authoriacd representative, provided his identity is -
his name on the Schedule and each Continuation Sheet thereof on made known and he signs a receipt for the bid, but only if the with.,
which he makes an entry. Erasures or other changes must be initiated drawal is made prior to the exact time set for receipt of bids. py by the permn signing the offer. Of!ers signed by an agent are to be (c) The only acceptable evidence to establish:
,a n. w w
(!) The date of mailing of a late bid, modi 6 cation, or withdrawal accompanied by evithnce of his authority smless such evidence has sent either by registered or certi6ed mail is the U.S. Postal Serwce ;
been previously furnished to the issuing of'sce.
postmark on both the envelope or wrapper andgrt the orignal reccgt,
. (c) Urdt.psicr.for esdt. unit offered shall be.shown.and such price from the U.S. Postal Service. If nenher postmarn.shows a legible daten shau include packing unlest otherwise specihed. A total'shall be entered the bid, modincation, or withdrawal sha!! be deemed to have beert.
in the Amount column of the Schedule for each item oHered. In case rnailed late. (The term "postrnark" encans a printed, stamped, or other.
cf discrepancy between a unit prire and cutmded price, the urdt price wise placed impression (exclusive of a postage rneter machme empr will be presumed to be correct, subject, however, to correction to the sion) that is readily identi6able without further action as having been ;:
same catent and in the same manner as arry other mistake.
(d) Offers for supplies or services other th.an those speci6ed will not supplied and af6xed on the date of mailing bywmployees-cFthe-U:Si,d Postal Service. Therefore, oHerors should request the postal clerk to be consider *d unicas authorized by the schcitation.
r P ace a hand cancellation bull's.cyc " postmark" on both the receipt, l
(c) Offeror must state a dennite time for dehvery of supplies or fcr performance cf services unless otherwise speci6ed in the solicitation.
and the envelope or wrapper.)
,M 7
(f) Time, if stated as a number of dap, will. include Saturdays, (2) The time of receipt at the Government installation is.the
. time.date stamp of such installadon on the bid wrapper or other Sundays and hohdays.
(g) Code boacs are for Covernment use only.
-v
- documentary evidence of receipt maintained by the instalianon.
(d) Notwithstanding (a) and (b) of this provision, a. late-rnodin.
3$ EXPLANATION TO OFFERORS. Any ' explanation desired by an cation of an otherwise successful bid which rnakes iu terms more o6crer resurding the meaning or interpatation of the solicitation, favorable to the Government will be considered at any tirne it.is re.
.w;G y.9 drawings, speci6 cations, etc., must be regested.in writing and with ceiveo and may be accepted.
suf5cient time allowed for a reply to reath oderers before.the sub-
. Note : The. term " telegram" includes mailgrams.
.' O a 1
- 4
- 6ssion~of their orTers. Oral explanations er. instructions.sivers before
..8. LATE PROPOSALS, MODIFICiTIONS OFYPEONSACS,1AND the award of the contract will not be binding. Any informadoargiven to o prostrctive o0eror concerning a solititarbn will be furnished to WITHORAWALS. OF.PRCPOSALS.
.p all pros! <tive uncrors as an amendment of the solicitation, if such -
(a) Any proposal received at the office designated in the solicita.
inforrnation i s.ccruary to offerors in subaieting offers on the solicita.
tion af ter the exact tinse'specified for receipt will 'not be considered tbn or d the lack of such informatio:s wuld be prejudicial to un.
unless it is received before award is made, and:
s.-
infonned offerors.
(!) It was sent by registered or certs6cd mail not later than the fifth calendar day prior to the date spectned for receipt of oliers (e~gi
& ACKNOWl'EDGMENT OF AMENDMENTS TO SOLICITATIONS.
an oger submitted in re.oorse to a solicitation requiring receipt o Receipt of an amendment to a solicitation by an oHerur must be
. o6ers by the 20th of the anonsh must have been mailed by the 15th or acknowledged (a) by signing and returning the amendment,.(b) on.
carlier) ;
y page three of Standard Form 33, or (c).by nerter or telegram. Such (2) It was sent by mail (or telegram if authorized) and it is
,, acknowledg nent snust be received prior to the bour and date speci6ed
. determined by the Government that the late receipt was due solely
. to mishand!iag by the Government after receipt at the Government for receipt of oders.
,,m.."s s-installation; or
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- 5. SUDMISSION OF OFFERS.,
(3) It is the omv proposal receivel (4) Olfers and modi 6 cations thereof sh2II be enclosed in acaled (b) Any anodi6catiin of a propr%J. except a modi!ication resulting
- envelopes and addreced to the office speciried in the solicitatiori. The from the Contracting Ofhu.'e a. quest for "best and Goal" o6er,is sub.
oGeror shall show the bour and date specified in the sohcitation fos ject to the same conditions as in (a)(1) and (a)(2), of this provision.
recetpts the solicitation r. umber, and the name and address of the (c) A modi 6 cation resulting from the Contracting O! Beer s recluest for "best and Snal" oRer received after the time arid date specin-d in :
oGeror on the face of the envelope.
the rectuest will not be considered unless received before award and (h)- Trirgraphic offers erill not be considered unless authorized by the soHsitatum; however. oders may be modiGed or withdrawn by the late receipt is due solely to mishandling by the Government after
_ written nr telceraphic notice. provided such notice is received prior to receipt at the Government installation.
.y
- the hour and date spec fied for, receipt. (However, see paragraphs 7 (d) The only acceptable evidence to estahiish:
? $ ~.p' " '
and Ih)
(1) The date of mailing of a late proposal or modinc.1 tion sent
, (c) Samph s of arms, when rerivired. rasst be subinisted withln the '
cither by registered or certined mail is the U.S. Postal Service post.
emic spo ihed. anil unten otherwise sprobed by the Government, at mark on both the envelope or wrapper and on the enginal acceipt from swi cynv to the (;wrenment. If not riestrmed hf testing, samples the U.S. Pmtal y>civice, if ncither postmark shows a legible datr, the wdl be erturned at oilcror's request and capense, tudes* otherwise proposal or modihention shall he dermed to have buen mailed late.
, The tenn "poatmark" means a piinted, stamped, or otherwise plated
(
spes.ilb:J In the sohcitation.
ampression (amelusive of a pmtage inctrr machine imprvsnion) that is E FAILUflE TO SUDMrT OFFER. If n.. eder e.s to be snlunistedl d" readdy idenufiable without further action as havina been supplied and n.a o no n ihr soha n.ite..n untr*s naherwisc aped 6.d. A l..ater..e post.
aRmd on the d.or of mading by employers of the U.S. Postal Service.
cas.14 di t.e sent to she inuimt ollie r aderwng whether,foture, sobr.
Thertfurr, onerors should request the pmtal clerii to placr a hand i
etten., t..e the sur of supphrs..r sces u rs ra.cred by thes sobritanon cance!!ation bull's.cye " postmark" on both the receipt and thJ envelope are drue.sl. l.ohuc..I the trespw nt t.e eder, a.e to notily the suum 4 or wrapper.)
.4mr that funne solnirations are deshed may resuh in remosal of (2) Re time of receipt at the Goverrunent installatiun is the the name..! uw h r. sp.rol in m 4,he snailipe, list for the type of supphes time.date stam'p of such installation on the propos.d wrapper ur other edaerv' en euvered ley the subcstain,in.
doeurnentary evidence of receipt maintained by the installation.
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- ' i,1 2 STANDARO10RM 3 (Rev.1-78)
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+ih man
't wr er retrived at any tw p r.( : in a w.ml Pm,@ my bc wirbdrawn in agem y,.md a cicscriptinn of the mpi.hes,.c m s n es.
prv.n by re Anr nr M am!.od.-d rt pretn e, provided his I
identity is ni.n!c ino.n and he i;gns a rectipt for the proposal print
- 13. SCLLER'S INVOICES. Im< kes shall be prepared.nd submiuc.2 in quadrup!icate (one wpv shall be rnarked "ory;inal") unicss other.
Cort-to a.ord, wise specified. Invoicrs sh !! coniain the folfowirg mformation:
Note t The t.rm " telegram" includes mailgrum, Note : T1.e altern te s :e prcpusab, modikations of proposals and tract and order number Df any), item numbers. descaption of suppbes witiidrawab of pn.,osals proviuon prescribert by 41 CFR l-3.bO2-2(b) nr services. sies, quanUirs, unit pnres, and extended totals. E! m lading number and wci ht of shipment will be shown for shipmeutu A
)
shall be used in lieu of provision 8, if spaci5ed by the contract.
made on Gosernment bells of lading.
m_
- 14. SMALL CUS!f;ESS CONCERN. A small business concern for the w
j (a) Notwithsundint the fact that a b!ank is provided for a ten (10) purpose of Government procurement is a conectn, including sts.afn!>-
day discount, prompt pavment discounts olTered for payment within less than twerty (20) calendar days will not be considered in evalu-
- stes, which is independently owned and operated, is not dom,inant am l
i sting <affer Mr award, unless otherwise specif!ed in the solicitation..
the field of operation in which it is submitting oRers on Governmeist_
l contracts, and can further qualify under the cra,teria con i
ber of employees,.. average annual receipts, or.other er, However, oiTered discnunts of less than 20 days will be taken if pay '
tena, as pre-ment is made within the discount period, even though not considered.
u 'Wr 4% scribed by the Small %s~ ness:Administratiort.-(See Code,of; Federal
~
in che evaluarian of ofTers. iny discount oRered, time will be computed <
' Regulations. Title 13, Part 121, as amended, which contain.sidetailed i (b)- 1.s con iroion with V 1 from date of delivery of the supplies to carrier when delivery and
[ industry definitions and related procedures.) gnQ acceptance are at point of origin, or from.date of delivery at desti. ~. a;r-,. A-F '* 0"b'*WWM*'aff/A...,T.hil15. CONTINGENT FEE
.sa nation or port of embarkation $. hen delivery and acceptance are at"
' either,of those points, or from ihr date correct invoice or voucher is.
' box provided therefor, has represented that he h;ts err.pfo>td or reta:hed, receked in the ofice specified by the Government, if the latter date a company or person-(asher than a fulpeimedona f de ernployee work :
is later than d. ate of deliyery. Payment is deemed to be made for the ing solely for the ofrerarl to solicit or. secure this contract.prithat.he purpose of carming the dacount on the date of mailing of the Covern-has paid or agreed to pay any fee, commission, percentere, or brokrage fee to any company or pcison contingent uprm or resultin,c from the sward of this contract, he shall furnish, arr duphcate, a comple 2
3p J.C M c enent <. heck / -
W.
v.%lC ' ud Fw 119, Contrusce's Statement of Contingent or Other Fees. M
.30. AWARD OF CONTRACT.:
., @"/ 9 (a) The consract will be awarned to that responsible oKeror whose.
oReror has previously Imanished a completed Standard Form 119.to else cffer conformiry to the solicitation will be most advantageous to the of' ice issuing this solicitation. he may accompany his offer with a' signed
~
(a) indicating when such coinpieted form was previovely Govemment, prwe and nther factors considered.
statement (b) The Co cinment reserves the right to reject any or all o# cts furnished, (b) identifying by number theprevious solicitation or coo-sad to waive mformalities and minor irregularities in oRers received.
- tract, if any, in connection with which such form was submitted, and (c) The Cowmment may accept any stem or group of items of any (c) representing that the statement in such form is applicable to this
M._p $f.kM.i.#
eRer, unless the cHeror quaMes his oHer by specific limitations. UN.
. oRer
}ptg' M. -N. d LES"i OTHERWISE PROVIDED IN T11E SCHEDULE, OFFERS 2 16.' P.ARENT COMPANY.. A [P rent coropany for the'.giu. r. pose 'nf th E
MAY BF. SUBMI'ITED FOR ANY QUANTITIES LESS THAN TilOSE SPECITIED: AND THE GOVERNMENT RESERVES
- N"'""T*"Y
~
' Tite RIGHT TO MAV.E AN AWAR9 ON ANY ITEM FOR A'
. business pohcies of the e6eror. To.own.another corapany sneans the QUANTITY.LESS TilAN THE QUANTITY OFFERED AT THE # parent congnpyswa%wmaMyhW%pt UNIT
- PRICES-OFFERED UNLESS THE OFFEROR SPECIFIES
< of thetotmg. rights an than company::Te control another companyutath OTHF.RWJSE IN HIS OFFER'eptance o. f.OKer) anailed (or ot}ier;
' ;'"n'ership is aset requim@ifmothes company isabic sodomaitaw,
-(d) A writtee award (or Ace determine, or. veto.haar.hassmen.policyalerwoos of:thc9mKeror,-sucts
- other company is considesed the parent company of.the' oKerorTThis trase fems. hed).as the succemsful offesor withm the ume for acceptance s
apco6ed an the.afer shall be deemed to result in a bindmg contract rd maY be percid Wough the use of dominantininority voting
~~-
wrthout further acsson by either party.
wing Paragraphs (e) through,(b) apply only to negotiated righ16 use o{ prosy ' - eontractuaI arrangym h
advertised solicitations.) The oReror shall,MBER. (Applic
- 17. EMPLOYER'S IDENTIFICATION NU
~
(e) he Covemmment may accept within the time specined therein,.,
msert in the applicable space 4
any edrer (or part thereof, as provided in (c) above), whether or no:,
on the oRer form, if ha has no pasent compankhss own Employer's
. there are negotsammans subsequent to its receipt, unless the oRet is with.
Identincation Number (Ed No.) (Federal Social: Security Nurnber afrawn try writsrn motice received by the.Covernment prior to awstd.
used on Employer's Quaestrir-Federal Tas. Return..U.S. Treasuey If subseqv-nt smeetiations are conducted, they shall not constitute a
- m. Department Form 941).or, sf he has a parent compaayish Eniployer a rejec6un or cosaser offer on the part of the Covernmenti ~.. s..,. m (f) "fbe riebt is reserved to accept other than the lowest oRer and Identi6 cation Number of ha,s parent company. >.sgd.. y t h
.- L * '.d N W@W ?'
N
^U
..i to reject any or aN diers.
(g) The-Go.crament may award a contract, based on initial oRers ~ 1218. CERTIFICATION'OF INDEPENDENT PalCE DETERMINAT10iL (a) This certi6cationen she oEca form is not applic.ible tel foreig n reccimd. widioet dheussion of such offers. Accordingly; each initial eRrr anuuld..be-ashmitted on the most favorable tersns frosa a pnce.,. oKeror submittins.an ofer-forra. contract which requires performsser.e and acc.hnical.amedpoint which de oderor can subma to the Govern- -
. or delivery outside the Unised States,its possessions, and ruerto Fdco.
(b) An offer will not he censidered for award where (a)(1), (a) f 3 t, P
e-seent-(l-) Anr finama,al dats subm,itted w,th any offer hereunder or any,
. or (b) of the certincatism has been deleted or inodified. W here (al(2) i
-a pasmuCon cameerning facilpies or Enancing will not forta a part
. ' of the certi6 cation has been dricted or modified, the oder will not ase
. of any te.. ting contract; provided, however, that, if the resultmg con" ' " considered for award unbss the offeror furnish'er wink the oKer a signed Dract contains a cimuse prending for pnee reduction for defective cost. statement which sets farssi se detail the circumstances of the disclosuse er pricing data, tSe contract pnce will he subject to reduction af cost,
^ arid 'the head of the ageury or his' designee, determines that such dm>
>r priems data formshc0 hereunder is mcomplete inarcurate, or not closure was not made for she purpose of restricting competition, v,
cur nne.
- 19. ORDER OF PRECEDENCE. In the event of anTeen'sistency be II. CCWnt;st2NT n!RNISHED PflCPERTY. No niatcrial, labor, or
.t binies will 1sc furnished by the Government unless otherwise pro, tween provisions i.f the sahsitation, the inconsistency shall he resolved by giving percodruce ins she followimc drder: (a) the Schedule: (b' trided for in the sm' eitation.
Solicitation Instructions amt Cnmlitions; (c) General Pruvisions; (d.s d
- 12. LAODR INC!!MATION. General information regarding the re.
other prusisions of the patras t. whether incorp.u ted by reference es c }:.gf.3ft,,w. i,.
quiresnrnts ni the Walsh flealey I'ublic Contracts Act (41 U.S.C., *. 4the wise; and (c) the spnificatavns...,f_c
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US RS-ADM-80 E Fa;e 9 C.2 0 C05,i Or B,D P ~,:.r...,w utGJ.
A This solicitation does not cccmit the Government to pay any costs incurred i
for the preparatien of Bids er for necessary studies or designs for the
, ;g.q Mi.
tion thereof; nor to procure or contract for the articles ore.i.f g.g l
..* J-I 7 ^ prepara
?.I ~ attention that the Contracting Officer is. the only individual who can.'jff servicss shewn under SECTION E herein.
It is also brought to your'gr.?,
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- 1egaily commit the Government to the. expenditure of.public funds in,g...g,quEg,g j %; 1
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connection with the proposed procurement.
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IFS 95
.71 Pac.e 10
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C. 21 LISTING OF E!GLOYMENT OPE.11NGS (1-12.1102-2l 3,-
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a,.
Bidders abd offerers should note that this solicitatien includes a prev 1s1cn
.y. g.g,.,
.n requiring the listing of employment.cpenings with the local off1ce or.tpe ;g system where a contract award
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Federal-State eployment service,B&T or g.g3 1, ' e'.
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$2.5CO cr =cre.
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'It 15Me=; lated that a. fixed-price requirements type contract wi be swar_e.3 M.%"i'
. The contract will include all applicable tems and cenditiens as prescribed.g
~
-by the Federal Precurement Regulations. Standard Form 37. General v;.M.i.
wp,
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~ 5tandard Form 32 (6/76 edition) are attached and will form p JProvisions (2/15/78 edition) and FPR Changes and NRC Additions to N$
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C. 23 SUEMISSICN.0F BIOS
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Bids must set forth full, accurate and complete information as.Tequired QS.+.M.,'.
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by this Invi.tation for. Bids (including attachments).. The Penal.tyJf.or - 5MkM[
waking Taise-statements-in bids is prescribed in 18 U.' S.;C.<1001.
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SECTION D - EVALUATIO*1 AMD AWARD FACTORS PRfCr5 D.1
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Bidders. must insert a definite crice'er indicate "no charce" in thd ^blanic
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.o..... ; .u ; c... -.. Page 14 4 Section F - Description / Specifications F.1. Six (6) uf the Sedans should be as follows: s Year: 1980 Make: Oldsmobile. 1 .#:S.. <... - Transmiss.utlass LS-- 4 Door Sedan N, Model : C L: s h.d, ~ ion: ' Automatic. . c :.... . w. Diese.1', "" f ORAMT4W) V8 Diesel -Engine 'M Cubic Inch Displacement: 5.7. Liter (350 CID 0 ' C 1. Perferred colors f&r this-item are,- #15 Silver Metallic,~y'd " Fuel System: Colors :
- 21 Light Blue Metallic, f59 Pastel-Beige,.#63 Light! %
Camel Meta.l.11.q c#.85, Light Gray,.m T'Thc;KcR1).r,s.wA perferred, o but not required. ~ ' = 4 T'A A?'%'. ', ~ ". 7'..'.. ' M Bidders chall provide the following information:. Mid:2 :.,.
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F.2. Four (4) of the Sedans 'should -be as follows': Year: 1980 m ~:;...;.~' ~. .. l. .py%W- ~Maka: Oldsmobile /. M Y. e : - "" ',7.f.94 4 g s.Oi e ~ Model : Cutlass LS y4 Door Sedan N f;. S g t h.i. f Transmission:'Autom'atic. is... ...J5EWpW!h Cubic Inch Displacement: 3.8 Literi(231.CID)-V6 2bbligasoline engine Fuel System: 2 barrel carburetor (gasoline) SiM.mb. ' . Colors: Preferred colors-for-this item-are'5/fl5 Silver Metallic,
- 21 Light Blue Metallic, #59 Pastel' Beige,- #63 Light Camel Metallic, #85 Light Gray.1These colors ' re perferred, a
4%Dh4%iO "... but not required. Bidders shall provide,'the following informat. ion:....Ms.M.iT'm :.. + a, -B1dding.On - h.k.l5/UM ch'!N'M;hfgjgyh. ^.h k! ' '? Color: Any of the'above. .. ~. ' ~. - Additianal Equipment Req %gM%.%(y )4;tik . m m m u cr:m m m m, q % uired For A11 ~ Ten.10 Sedans: F.3. Mt.%.v, fg$. F.bQ ~ l ',' } o Air Conditioning ; Nam,,#.F#WQ,e.g.p, yg%gg. pfMf)3@;;. s.7,y Tinted Glass 4 M y.F li - t MWa6 G.W2. 8g - MT ' # Electric.Reari Window DefoggerI GW4@'.hT hi N.J.N:c : 4 .?; . " ~ .~ .~. RAM /FM Radio J,. o,.cic':.w..gnsg w: w. c1H g t.c "r - 7 c. c Power Steering t' g'
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H 'N. Door Edge Guards cf d:.. l Protective Body Side Moldings a.,'.p.W.7 ?M.9. r.. : n'... , Steel Belted Radial White Wall Tires 4 " 1" ' N,I.:%,. YW,, si.J, P,.S.. <O a.'./.,~ ' - ec, y M.C ' 'h.1.:.,N.J, " Qj. Additional equipment beyond that specified aboveishall only'. Jd' 'lf,i be provided when no additional. costs accrue' to the Goveinment based J '- '. ";.piv.p., ' , :a v .N .upon their inclusion. ./ 7. jgh w,; i:s e. y..:...g;. ..m* ;.n:g arz ..e ..w 1 . The Nuclear Regulatory Commission wi1l' instill' reading-1 3 i .~ : e ".. ' < ;WJ ~' .:~M .,..e. 'iequipment will.be removed and the vehicles iestored to their ofidina'l!.Y. TT l ,'..B.: i.. '. '.c.j.i.".; specifications.at;thej termi, nation..of th'e ; contract... ~ "i q;,;' p. A g.,c M.,'.52,'.. d i] 3l . a .,.m y.n,cs.qas.m,c;a.g s w g g n.. n.
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SEClI% C - F..ESE' %T:0./* L iG.WG/FAC C G n G*1* 'Each item of prcperty furnished ur. der this contre.ct RMI be of good quality and in operating condition; provid.ui, hmiever that the u,overnment shall accept or reject the property promptly af ter receipt. If the Contracting Officer determines that any item of property iurnished is not in ccmpliance with the terms of this contract, he shall inform the, ^ Contractor promptly in writing. If the Contractor fails to replace.the ro erty or correct the defects in accordance with the determination .[ ' of the Contracting Officer, the Government may (i) by contract or othenn,se,,._. ~ correct the defect or arrange for a rental of similar property and shal .g. ) charge or set off against the Contractor the excess costs occass one
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'thereby; or (ii) terminate the centract for defau1t as provided,1n e ,l " Default" clause of this contract. cf..
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PLACE OF DEt4VERY AND RETURN y .g The Contracted.shail delive'r the. vehicles' described in Item 1 and/or (. Item 2.to V i.e,-N. v., ! Y3 1 . U.S. Nuclear Regulatory. Commission ,.,,,..,[.. .~ Building and Operations Branch 2,.,3.;j., j, n-U 2 1 :,p.. 7,l. yg .7735 Old Georgetown Road SQ7 ' 4 Bethesda, MD 20014 y;.g'3Eg f, 3.. [ J' i. 9 :,,1 . M." :J:Wp.4 i .., J .Upon tiie % ration ;._.;_ .,c. p 'y c, ".; @iQ l n m.,- ~~ or termination of: the. lease', the Contractor shall ge,gg.; 'take poss'ession of the' vehicles described' in -Item 1 and/or. Item 2 y,s.e.7 at. the place of delivery. y. ,!i y 'p.c...#E ' '5% ~ .H ^.g ... : j...
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~ i.. ' e:" ~ f Y ,L'@ y* a d f i ' i. - f f' Items 1 an /'or 2 of Section E s lall be', del vered no later.than,. March' 20,1980 l, rom the date of receipt by the EQyE0 ment of the vehicles described yf., f gg 3,g .-d d h.wh !E E J 'TWfft , :in Items 1 and/or 2. pp.Lg;.a. g%g :@.7. ' n,a 7 - ":. .c.m :Qw .. :::p ~ '.e .?
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,~ i.m.y,::. l%y4.,% h.,. 4%MCW?h? Q 'J. .pq&gQ... i.- .. 3:. m nw 7-OPTION TO EXTEND THE PERIOD OF.PERFOCMANCE%.y ' H.3 ... l f ..ts{ g g. ~ ..a. +,.;w.. m.G:,% This ' contract may be extended for a period 'of one (1) year at the '3.%} M.M9.M$ M. . unit price set forth under Section E, at the option of the Government, d @.9 by the Contracting Officer giving written notice of the Government'.s ufG.$ igg i,. exercis,e of such option to the Contractor not later than the last .t / h..T ? M day of the term of.the contract.. The Contracting Officer may give < W ;'lM preliminary written notice of an intent to exercise such option Jat least thirty (30) days prior to the last day of the term of - 1 %@;G,3.
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~ 3s k.%p . Je to exercise the option). If the Government exercises such option, '" .UIr8@ i.the total duration of this contract, including the exercise of iof any option under this clause,;.shall.not~ exc'eed two (2) years.. w', WsPL i .J7; AG4.. ' .s...,,;- ~ , s..!l','?., :.e :W ~ ; ;;i 1 7
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..,.n_.. T g e iCa SECTiC'! I. - IMSPdTIO3.-AMD ACCEPTANCE 1 Insrecticn and a'cceptance shall be made at destinat.icn by the I'1' ' .autI1orized repr.asentative of-the U.S. Nuclear Regu4 tory Ccem,ssion. ..,p ~... ...,,..,.s ..,.,. L., = +.. p.. v. , m...s .s. ..= . ::.w n., .....,,n-is g q-SECTIOM J,.SPECIAL.,P,P.0VI S ;.(.. ' g j'g,]gg.. s.n.... g-:...x.. ; .~.a.; Tig',:(*v..('%=,
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'J.2. WARRANTY .,Y ^ W. The manufacturer's standard warranty for the vehicles described in ' Item 1.and/or Item 2 of Section E shall be applicable.to.the equipment. a.d. furnished by the. Contractor under this scontract.. :Such. warranty.shall..M , provide coverage ~. of.the:same:periodrof time and/or. mileage-as is h& 'J ^ ' customarily provided by.the manufacturer.' W W G W W M J/. N I M & M 4...$$&&&ffhh$. ' . i Q g' j. N f ' f :,, g :? :).:.:;i,T:@.?h Q & % f ~ l* ~ r.h.. y :. :::;..q: '$.q.QM,qm;.,,g& Mpg.993.Q. gg$ . ( '. ?'". y .... g JWK MAlNTENAUCE J.3. g g. .The Government will be responsible for perforining normal; owner-type,.43.gp n. maintenance'up'en the equipm'ent furnished under this: con. tract;.Maintenancd M 101.-38-10.....MWe;;MppW'QQW! 7 will. be performed in accordance with Federa,1 Property Management m r
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' ~ Regulations, Subpart i.. 34.QWQpQ f;;gy %p .., u.,.:, .7 _ J.OK; iRESPONSIBILITY AND LIABILITY FOR ~ DAMAGE 0R INJURY / INSURANCE' dyMNkb3/ ^ ', # a. J '. The Government shall be responsible,for:' loss:to@r da%ig$ ?A???S % ~ . % :a ; %;& ; w M : m,M:. M g 4 Q g ..:(. n and?.(2. 4 ma ~ ^W ' a. ' 4,.:.. ' rented. vehicle..s ie.xc..h. pt. z.for-,(1);so}ri.i.3 ).$, a . /..'.or damage..cau s ed 'by. the.'f a ul t :o,r.. negligence-of t erCo.. tractor #. - m ~ n ..j. y hisMagents"ct employesMA11'clalmstatisiipu'ideEthis'N.WCMy/Cy M r . ' paragraph {a) :shall be submitte'd!.td the'Contractii@ Office 6'.1U4d .., 4; ' W!.M.;}. %%diMy.W.h.':&.jQQi&Q?$%QQ!; b.* 1he, Contractor. s. hall. be l.iable &nd will' indemnify,and hoTd 'harsless g' ,>.e g the' Government,.it's agents and employees against al1 actions or.):7h N ' claims for all ' damages to. perso'ns.or property, including deathi N" ggWC arising or resulting from the fault, negligencei wrongful act',D ..l'% 7 T. Lor wrongful. omission of the Contractor,'his agents or employees;. 1r: ~ ir 1, The Government shall only be responsible for: loss or'dama.ge to '$ iy:M.% 1 property of_. third perscns, or injury, including death, to;such. pbrsonQ t(.. L....jf ~' ' :t a7 ' ' r:in accorda~nce with the Federal Tort Claims. Ac s , };U,u'7].y. ; _ggggy;p,[..[_ gg:, _.~3.*;.y.q- }. 3, [ ~. r c;. The Con tr'ac tor warran. ts. tha t' i ts. price -P .... # c. '. g nb$2M-3k.;?l.pt...
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u.. '.&hp.Y. 4. insurance or continsency. to cover..... g.-(t) ~ ~ .j.~ &: Y:. %.Q yN:'i hicles. Tor"wfiich 'k, Gover the .4 ." < H :., ge to'.rente ~@. :..&.-n.3$.. cs.M.;.N.T a.:v.3.;s%. : resp'on'si,bic u.nder:(a ,',M: Il .g. ~ . ar.ty ihbil.iticsa m @.iy$ i .;.s w,:..+w4.; p.for sh)n n ~m.;. .<;.gg :s.....u..v.v.w... m..v., .;4....y.. g.p (jj):.:.e.,d p.~ m d. ~ a - w .t. <MM. /%:..d.. ',i,dt;:/.fresp'oiig ble.jn$rdb),"hlidy~eMh.is sG..g""T. thir / ...hm
r.,. J.S. D E ! M OF VEHICLES' .r.,.; .~. r., The Go.drnmat"shall be permitted to place upon frcnt 'and rear b=pers nonperFanent nrkings as niay be required to identify a vehicic as to the using agency or activity. ~ - ' Placards mby be und for temporary ident'ificatienjf vehicles f.g ' b.' provided they contain no reference to.~the Contractor which may.,,,3ye,,,gg 1 , As.e'. be construed a's advdrtising or endorsement'by the, Government.p: :a::.g-a. g g ...u ' - ' of thef.Co.ntractarhnhy ::+!.R+w.Q.., %:w :y... .+ }.3.p~, $.A:;.v.. c ..,.y,. - +..' q p.
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-*.** = e t nn e SECTION K - C0!! TRACT A.DMIN..ISTRATION. DATA,.,',.,. , 4 ,.jg. Men, n.~ \\ .s -,.,y ,r.. .u W. ,,p p g.,,_ y. / f...f.g, g, .. j..p. q.., wa
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' 0Bl.IGATION OF FUNDS. AND COMPENSATION 'e,c'?..:.;M.w.hysyt,$w$ = 21@Y.g.. J.R.m...dR 7 w.. 7,. + x. 1.. ... P n % ??r*4:9*:&. Wld; W,.OM$ r... .S";.t$. v m a.. The Contractor is authorized to submi.t 'involices e T.13
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N p 17 K.3. PINTAL PAYMENTS The Government shall pay rent for the property at the rate (s) specified in this contract upon the submisssion cf proper invoices " a. and vouchers. Rental charges shall accr;ue with the commencement.. - N;.'v. s.:.., , of the term of this contract, or from the date that the property J '.. Ais delivered to the Government, whichever is later, and shall. contin i 7'.' +M&,..N. luntil.the expiration of'ths term oi t ~ ' agreement; provided, thit' rental shall'. accrue only.fory.the. Q{dj >gn .~ 9.f ..;.s!.",' that the p' rope'rty 'is 'in,ths possissi,on of the . 3.h.M b f "?' i e'n .J'-.i. ;Contr' actor-which the Contracting Officer determ nes ed dk J.I. wi th -the s tandards' 'p res cri b ed' by th~e. c.l aus. e.~ e w [ Con'ditions of 'the Rented ' Property,";or is not.10therwise. in1'(@ irp*$h %.t dj. "accordance with the requirements of..this contractf until.~ the ::?pigr%'B;} M f.
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(; (- l IFB RS-ADM-80-371 Page 18 . SECTION K - CONTRACT ACMINISTRATION DATA (continued) 1 1 BILLING INSTRUCTICNS FOR FIXED PRICE CCaiRACTS AND PURCHASE ORCERS X.4 General. The contracter shall submit vcuchers er invoices as prescribed herein. Form. Claims shall be submitted on the payee's letterhead, invoice or on :ne Government's Standard Fcrm 1031 "Public Vcucher for Purchases and Services Other Than Personal," and Standard Fcrm 1035 "Public Voucher for Purchases Other than Per:cnal -- Continuation Sheet." These forms are available frca the Government Printing Office, 710 North Capitol Street, Washingt:n, DC 20801. Nurber of Cocies and Mailine Address. An original and six copies shall be sucmi tec to dRC of71ces 1cen:1 fled below. The contractor shall submit an invoice er vcucher cnly after Frecuency. NRC* s final acceptance for services rendered or products delivered in performance of the centract unless otherwise specified in the c:ntract. Thevouchershallbeprepared Precarction and itemi:stien of the Veccher. in inx or. typewriter (witacut strixeovers) and correcticns er erasures must be initialed. It~ must include the following: (a) Payer's nama and address. (1) Address the original voucher (wi:n 4 ccpies) to: U.S. Nuclear Regulatory C =missicn, Divisien of Accounting, Office of the Centroller, ATTN: GOV /C:M Ac::unts Sections, Washingt:n, DC 20555. (ii) Address 2 copies to: U.S. Nuclear Regulatory Cc=nissien, ATTN: E. L. Halman, Dirtet:r, Divisien of Centracts, Washing :n, DC 20555. (iii) Th'e cricinal ecov of the vcucher shculd indicate .tha f21 cecies nave ceen foraarcac to tne Centree :nc Officer. ~~~. (b) Voucher number. ~ (c) Da:e of vcuchar. l (d) Contract number and date. (e) -Payee's name and address. (Show the name of the cen rsctor and its correct address, ex' cept when an assignment has been made by the contract:r or a different psyee has been designated, then insert the name and address of the payee.) (f) Descripticn of articles or services, quantity, unit price, and ~ total amcunt. e
o O Q O' 8FB RS-ADM-80-371 Page 19 SECTIONK-CONTP.ACTADMIflISTRATIONDAiA(. Continued) (g) Weight and zone of shipment, if shipped by parcel post. (h) Charges for freight or express shipments, and attached prepaid . bill,.if shipped by freight or express. (i) .ructicns to consignee to notify Centracting Officer of receipt of shipment. (j) Final invoice marked: " FINAL INVOICE" currencv. Billings may be expressed in the currency noma 11y used by
- I tne.c n ractor in maintaining his accounting records and payments will be made in that currency. Mcwever, the U.S. dollar equivalent for all I
invoices paid under the centract may not exceed the total U.S. dollars authori:ed in the centract. f. e e l 9 4 9 9 4 9e e 1 t e 4 ( 0 e w
(; (- IFB RS-ACM-ag-371 Page 20 SECTICt L - GENE;.AL PRCv!5!CNS This contract is subject to the Fixed Price Supoly' Contract General L"1 15, 1978, which incor;orstes tne Standare Provisions, dated Feoruary 32 (Rev A-75) General Provisiens and FPR Changes and Additions F tandard Form 32 General Provis, ions (June 1975), attached hereto toand made a part hereof by this reference. FPR Changes and NRC Additiens to Standard Form 32 General Provisions L.l.1 is further modified.as folicws: L.l.1.1 Clause No. 22 entitled " Utilization of Labor Surplus Area Concerns" is deleted in its entirety and substituted with the attached clause entitled "Utili:stien of Labor SurP us Area Ccncerns (FPR l-1.205-3)" l in lieu thereof. L. l. l'. 2 Clause No. 32 entitled " minority Business Enterprises Subcentracting Prcgram" is deleted in its entirety. L.1.1.3 Clause No. 33 entitled " Preference For U. S. Flag Air Carriers" is deleted in its entirety. PART III - LIST OF DOCUMEitTS AND ATTACHMEllTS' SECTICM M - LIST OF DCCUMENTS AND ATTACHMENTS M.1 This solicitation centsins the following attachments: M.I.I Fixed Price Supply Contract General Provisions, dated.eb ust-r 15,19 5, which incorporates the Standard Form 32 (REV 4-75) General Pr'ovisions and FPR Changes and Additions to Standard Form 32 General Previsions ( Jur.e, 19 75). ~ M.I.2 General Statement of Policy Regarding the Avoidance'of Contracto'r - . Organ :at onal Conflicts of Interest. i i G e 8 e 0 6 O e 4 O 4 ~ ,,--,--,rw--ww-e
? ( ( IFG P.5-AC.::. 80- 371 Page 21 Clause No. 22 UTILILATICh 0F LA5CR SURFLUI AREA CONCEF.MS (FPR l-1.305-3) (The following clause is applicable if this contract exceeds (510,000.) (a) It is the policy of the Government to award contracts to labor surpius area concerns that agree to perform substantially in labor surplus areas, where thi.s can be done consistent witn the efficient performance of the contract and at prices no higher than are obtainable elsewhere. The Contractor agrees to use his best efforts to place his subcentracts in accordance with this policy. (b) In c:mplying with paragraph (a) of this clause and with paragraph (b) of the clause and with paragraph (b) of the clause of this c:ntra'ct entitled "Utilizati:n of Small Busines: C:ncerns," the Contractor in placing his sub::ntracts shall observe the following ordar of preference: (1) Small business concerns that are labor surplus area concerns, (2) other small business concarns, and (3) other labor surplus area c:ncarns. (c) (1) The term " labor surplus area" means a geographical area identi fied by the Department of Labor as an area of c:ncentra:ed unemployment or underemployment or an area of labor surplus. (2) The term " labor surplus area concarn" means a concern that together with its first-tier subcontracts will perfern substantially in labor surplus areas. (3) The term " perform substantially in a labor surplus area" means j that the costs incurred on account of marufacturing, production, or appropriate services in labor surplus areas exceed 50.percanc of the c:ntract price. Mhm e m 5 9 e W e
PART 20-1 -- GENERAL Subpart 20-1.54--Contractor'Or;cni:ational Conflicts of Interest Sec. 20-1.5401 Scope and policy. 20-1.5402 Definitions. 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest. 20-1.5404 Representation. 20-1.5405 Contract clauses. 20-1.5405-1 General contract clause. 20-1.5"05-2' Special contract provisions. 20-1.5406 Evaluation, findings, and contract award.. 1 20-1.5407 Conflicts identified after award. 20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors. 20-1.5411 Waiver. 20-1.5412 Remedies. AUTHORITY: Sec. 8, Pub. L. 95-601, adding Sec.170A to Pub. L. 83-703, 63 Stat. 919, as amended (42 U.S.C. ch.14) 520-1.5401 Scope and Policy (NRC)(a) It is tha policy of the U.S. Nuclear Regulatory Commission to avoid, eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to sut:mit information describing relationships, if any, with organizations or oersons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award. (b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public intorest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy. NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is: Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased,, or where it may have an unfair competitive advantage? (c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other relationships with NRC (e.g., parties to a licensing proceeding) are not I covered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment crocess, NRC
\\ 4 7590-01 .s w. - m: ~ agreements with other government agencies, international ' rganizations, c or state, local or foreign governments; separata precedures for avoiding conflicts of interest will te employed in such agreements, as appropriate. 120-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned intarests related to the work to be perfer:ed under an NRC cent act J.4:h: fl) s e :i-iqi: its :na:ity to give i partial, technically sos:, ::::n'c3 :: (-"
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.fi:2 cr mr cenar.iisa rasult in a bia:ad w. a prcc ::, Or s2) may ensult in its being given an unfair competitive advantage. t (b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation. (c) " Evaluation activities" means any effort involving the appraisal of a technology, process, prcduct, or policy. (d) " Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or administration of its pregrams, projects, or policies which normally require the contractor to be given access to infcrmation which has not been made available to the public or proprietary information. Such services typically include assistance in the preparation of program l plans; and preparation of preliminary designs, specifications, or l statements of work. (e') " Contract" means any centract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c). (f). "Centractor" means any person, firm, unincorpcrated association, joint venture, co-spensor, partnership, c rporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified, in the centract), proposed consultants or subcontractors, which is a party to a centract with the NRC. (g) " Affiliates" means business concerns which are affiliates of each other when either directly or indirectly cne concern or individual ~ controls or has the pcwer to control another, or when a third party controls or has the power to control both (41 CFR 51-1.605-1(e)). (h)' "S iebntractor" means any subcentractor Of any tier which perfor s work under a contract with the NRC except succontracts for supif es and subcontracts in amounts of $10,000 or less. (i) " Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (icentified in tne proposal), proposed consultants, or subcontractors, suomitting a bid or proposal, solicited or unsolicited, to the NRC to cctain a centract. 2
7590-01 (j) " Potential conflict of interest" means' that a factual situation exists that suggascs (indicates) that an actual conflict of interest may arise frcm award of a proposed contract. The term " potential. conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or wnich must be reported to the centracting officer for investigation if they arise during contract performance. 5 20-1.5403 Criteria for recognizing contractor organizational
- F l::: :' ' :u:;-
(a) General. Two questions will be asked in catermining whether actual or potential organizaticnal conflicts of interest exist: (1) Are there ccnflicting roles which mignt bias a contractor's judgment in relation to its work for the NRC7 (2) May the co, tractor be given an unfair ccmpetitive advar tage based on the perfor.ance of the contract? The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of cc:rmon sense and good business judgment based upo.; the relevant facts disclosed and the work to be While it is difficult to identify and to prescribe in advance perfomeo. a specific method for avoiding all of tne various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procuraments, and research programs. (b) Situations or relationships which may.give rise to organizational conflicts of interest. (1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational conflicts of interest under the following circurrstances: (i) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the seme arec to any organization regulated by the NRC. (ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC. (iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing. (iv) Where the award of a contract would otherwise result in placing the offeror or c'ontractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor. 1 l t.
7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may recuire soecial contract provisions such as provided in 1 20-1.5405-2 in the following circumstances: (i) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications. (ii) Where the offerer or contractor prepares plans for specif'ic 20 *:tebs; -=#--t:10:it- : ?: tr= :: te ' c --- t sd into competitive
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(iii) Where the, offeror or contractor is oranted access to information not available to the public concerning lGC plans, policies, or programs which cculd form the basis for a later procurteent action. (iv) Where the offeror or contractor is granted access to proprietary information of its competitors. 9 (v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor. (c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Examole. The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor comoonent as called for in the RFP. The XYZ Corp. is one of several comoanies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp. advises that it is currently performing similar analyses for the reactor manufacturer. Guidance. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a. position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy. (2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor comocnent which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility c.lients. None of the ABC Corp, projects have any relationshio to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP. 4
7590-01 An NRC contract normally could be awarded to the ABC Guidance. Corp. because nc canflict of interest exists which would motivate bias with respect to the work. An accrcpriate clause. would be included in the contract to preclude the ABC Corp. frcm subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. would be precluded from the performance of similar work for the ccmpany developing the advanced reactor mentioned in the example. lp 3 ,e,.- g - -M a in a certain type , i: u i- = : :
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.r ;. fi da:a en nrm : e.;.:rm =i.;;ccts of tha ty:2 cf plant so as to assure adecuate safety protection of the puolic. Only one manufacturer has extensive ex:erience with that type of plant. Consequently, that company is the only cne with whcm NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That ccmcany has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs. Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationsnip to its work for NRC. Since the nature of the work required is vitally important in tems of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy ) with particular attention to the establishment of protective mechanisms to guard against bias. (4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's perfomance for the purpose of developing standar:is that are important to the NRC program. The ABC Co. has advised NRC th.It it intends to sell the new system to industry once its practicability has been demonstrated. Other ccmoanies in this business are using older systems for evaluation of the specific reactor component. Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been recorted to NRC. Information wnich is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the perfornance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others. Further, the contract will stipulate that the centractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used. I 0 b
7590-01 (5) Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In ac:ordance with the representation in the RFP and 5 20-1.5403(b)(1)(i), ABC Corp. informs tne NRC that it is presently doing seisr.ological studies for several utilities in the Eastern United States but none of the sitas are within the geographic area contemplated by tne NRC study.
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.. ~. : r. c : : "!::r ~. _^d '.::-&d: ::- ;t 7 i.... - i..a .; C: :. in a c;.wi n::iq r:l a anera its jud;mant mi;ac :a ciased. Tha work for ocaars clause of 120-1.5405-1(:) would or::clude ASC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest. (d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract. (2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interect, or that a follow-on procurement is not involved, or that a contract 13 awarded on a competitive or a sole source basis. 520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in de.termining whether situations or relationships exist which may constitute orgriizational conflicts of interest with respect to a particular offeror or contractor. (b) Representation procedure. The following organizational conflicts of interest representation provision snall be included in all solicitations and unsolicited proposals for: (1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in tile resulting contract. This representation requirement shall also apply to all modifications for additional effort under the contract except these issued under the " changes" clause. Where, however, a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required. 4
7590-01 ORGANIIATIONAL CCNFLICTS OF INTEREST REPRESE.1TATION I represent to the best of my knowledge and belief that: The award to of a contract or the modification of an existing contract coes ( ) or coes not ( ) involve situations or relationships of the type set forth in 41 CFR 5 20-1.5403(b)(1). >g -e, .aq.., -.y q.:: c :'1 53 u.chdad in 1 ~. 2 3 i :... -.. : u : ,;) I# :". : r r ::.. ::: .... r: i W.:ates
- r. : 31tracns or re;a:tonsnips of u Q:2 sa: 'or:n in 41 CF.
120-1.5.:03(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offerer shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If tne contracting officer determines that organizational conflicts exist, the following actions may be taken: (1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 520-1.5411. 1 (2) The refusal to provide the representation required by i 20-1.5404(b) or upon request of the contracting officer the facts required by 120-1.5404(c), shall result in disqualification of the offeror for award. The nondisciosure or misrepresentation of any relevant interest may also result in ne disqualification of the offeror for award; or if such nondisclosure er miste.esentation is discovered after award, the r resulting contract r.:ay be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract. (d) The offerer may, because of actual or potential organi:ational conflicts of interest, propose to' exclude scecific kinds of work from the statements of work contained in a RFP unlest. the RFP specifically prohibits such exclusion. Any such procosed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be en essential or integral part of tne required work and its exclusion would work to the detriment j of the competitive ::osture of the other offerors, the proposal must be rejected as unacceptable. (e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be i considered to be a minor informality, and the offeror will be permitted to correct the omission. 5 20-1.5405 Contract clauses 0 g;p q gy, 91 \\' 0 i 20-1.5405-1 General contract clause h dL A o 44 _ _.. t
7590-01 All contracts of the types set forth in 320-1.5404(b) shall include the foll: wing clauses: (a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor: (1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or othe:. vise) which relate to the work under this contract, and (2) duc rot cotain an unfair ccmoetitive advantage over other parties by .. ~. ...f.: (b) 2 ;e. ha restricticns ::scri:ad harain shall apoly to performanca or participatien by the contractor as defined in 41 CFR 5 20-1.5402(f) in the actitities covered by this clause. (c) Work for others. Notwithstanding any other provision of this contract., during the term of this contract, the contractor agrees to forego enering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of intere.;t with respect to the work being perfomed under this contract. The contractor shall ensure tnat all employees who are employed full time under this contract and emoloyees designated as key personnel, if any, under this contract abide by the provision of this clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor ] shall obtain the written aoproval of the contracting officer prior to execution of such centractual arrangement. (d) Disclosure after award. (1) The contractor warrants that to the best of its knculedge and belief and except as otherwise set forth in this contract, it does not have any orcanizational conflicts of interest, as defineo in 41 CFR 520-1.5402(a). (2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an l imediate and full disclosure in writing to the contracting officer. This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC T.ay, hcwever, terminate the contract for convenience if it deems such termination to be in the best interests of the government. (e) Access to and use of information. (1) If the contra' tor in c the performance of tnis contract obtains access to infomation, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released to the public, the contractor agrees not to: (i) Use such information for any(private purpose until the information has been released to the public; ii) compete for work for the Comission based A
7590-01 cn such :nfer :ation for a ceriod of six (6) montns after either the completion of this c;ntract or the release of such information to tne public, wnicnever is first, (iii) submit an unsolicited proposal to the government basec on such information until one year after the release of such information to tne puolic, or (iv) release the information without prior written approval by the contracting officer unless such information has previously been releasec to the public by the NRC. (2)
- r 3;ci:i:. :. cr m ;;:e :;r+u -.: to tne extent i:
e:e'.:: cr i: _-im :::::s :: : ::ri:: arf ca:2, data crotected :< the Privacy Act of 15 (ho. L. 93-579), or otner confidential or privileged ~ technical, businesi, or financial information under this contract, tne contractor shall treat sucn information in accordance with restrictions placec on use of toe information. (3) The cont actor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this centract have been met. (f) Subcon trac ts. Exceot as proviced in 41 CFR 520-1.5402(h), the contracter shall include tnis clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and " contracting officer," shall be appropriately modified to preserve the government's rignts. (g) Remedies. For breach of any of the acove proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contrac.t or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract. (h) Waiver. A request for waiver under this clause shall 'be directed in writing througn the contracting officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined in 120-1.5411. I20-1.5405-2 Special contract provisions. (a) If it is determined from the nature of the proposed contract that organi:ational conflicts of interest exist, the contracting officer may catermine that sucn conflict can be avoided or after obtaining a waiver in accordance with 520-1.5411, neutrali:ed through the use of an appropriate soecial contract orovision. If appropriate, the offeror may negotiate tne terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to: 9
1 l 7590-01 (1) Hardware exclusion clauses which prohibit the acceptance of precuction contracts follcwing a related nenprocuction contract previously performed by tne centrac:or; (2) Sof tware exclusion clauses; (3) Clauses wnich require the contracter (and certain of his key personnel) to avoid certain organi:ational conflicts of interest; and (a) Clauses wnich guard agair.r. "; unau:r.provice for protection of confidential data and c:i:e:.:a. (c) De f f,1cwing acci:i:nal c:n ract clause may :e include:: as sec-ion (i) in :ne clause set forth in: 20-l.5405-1 when it is determined that award of a follow-on cen:ract would constitute an organi:ational conflict of interest. (i) Follow-on effort. (1) The contrac: r shall be ineligible to participate in MC contracts, subcontracts, or preocsals :nerefer (solicited or unsolicited) wnich stem directly frcm the centractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consul:ing or management succort services work or evaluation activities under this centract en any of its precucts or services or the products or services of anotner firm if the contractor has been substantially involved in the development or marketing of such products or services. (2) If the contractor under this contract crepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in :ne initial contractual effort wnicn is basec on such statement of work or specifications. The contractor shall not incorporate its products or services in sucn statement of work or specifications unless so directed in writing by the contracting officer, in which cise tne restriction in this subparagrapn shall not apply. (3) Nothing in this paragraph shall preclude the contractor fecm offering or selling its standard commercial items to the government. 5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to :ne representation recuirements of $20-1.5404(b) anc ather relevant information. After evaluating this information against tne criteria of 120-1.5403, a fincing will be mace by the contracting officer whetner cr;ani:ational conflicts of interest exist with respect to a carticular offeror.
- f i nas been determined :nat conflicts of interest exist, nen :ne contracting officer snali eitner:
(a) Disqualify the offerer from award,.0 J l
7590-01 (b) Avoid or eliminate sucn Conflicts by aporopriate measures; or (c) Award the contract uncer the waiver provi, ion of !20-1.5411. 120-1.5407 Conflicts identified after award. If potential organi:ational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not ce in the best interests of the covernmant t0 terminate the cm rat r: ;rt... :
- e....:!:
e -i: :; .I: .5aC5, tre centracti ; o f f i t s e.. * ' '. te.e e.E a:tns::e ic ;; t: a.:i d, e:ir' ate, cc, af ter cetaining a naiver in accorcance uitn 320-1.5411, neutrcli:e the effects of tne identified conflict. 520-1.5003 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offercrs and contractors to submit a reoresentation statement in accordance with i20-1.500a(b) from subcontractors and consultants. The centracting officer shall require the contractor to include contract clauses in accordance witn ! 20-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsectien. 520-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awarcs shall be made by the contracting officer with the advice and concurrence of the program office director and tne Office of Executive Legal Director. Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may wa.ive the policy in s ecific cases if he determines that it is in the best interest of the United States to do so. Such action shall be strictly limited to those situations in which: (1) The work to be performed under contract is vital to the NRC program; (2) the work cannot ce satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or tecnnical review and supervision methods can be employed by NRC to neutrali:e the conflict. For any such waivers, the justification and approval occuments shall be placed in the Public Document Room. . D v-w ,,v. -- - - s %= <- + =
7590-01 920-1. 5412 Remedies In addition to such other remedies as may be oermi t'ed by law or contract for a reach of the restrictions in this suboart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contracter from subsequent NRC contracts. Dated at Washincton. 0.cthis 27th day of . arch 1979. For tna Nuclear Ragd a:Ory C:.nissicn 9 M-MCLLu bk Samuel U. Cnlis Secretary oil the Cormission 8 v-, vs ww ---,ee n-<s- +my, en ye'
2/15/78 Consisting of Pages 1 through 23 GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT TABLE OF CONTENTS Standard Form 32, General Provisions (Supply Contract) Containing the following listed Articles on pages 1 through 5 of the form plus additional Articles on pages 6 through 20 attached thereto. ARTICLE TITLE PAGE 1 1 Definitions..................................................... 1 2 Changes......................................................... 1 3 Extras.......................................................... 1 4 Variation In Quantity........................................... 1 5 Inspection...................................................... 2 6 Responsibility For Supplies..................................... 2 7 Payments........................................................ 2 8 Assignment of C1 aims............................................ 2 9 Additional Bond Security........................................ 10 Examination of Records By Comptroller Genera1................... 2 2 11 Default......................................................... 3 12 Disputes........................................................ 13 Notice and Assistance Regarding Patent and Copyright 3 Infringement.................................................. 3 14 Buy American Act................................................ 15 Convict Labor................................................... 4 16 Contract Work Hours and Safety Standards Act - 4 Overtime Compensation......................................... 17 Walsh-Healey Public Contracts Act............................... 4 4 18 Eq ua l Op p o r t uni t y............................................... 19 Officials Not To Benef1t........................................ 5 20 Covenant Against Contingent Fees................................ 5 21 Utilization of Small Business Concerns.......................... 5 22 Utilization of Labor Surplus Area Concerns...................... 5 23 U tilization of Minority Business Concerns....................... 5 24 P r i c ing o f Ad j us tmen ts...................,...................... 5 25 Payment of Interes t On Contractors ' Claims...................... 5 26 Alterations............................ 6 27 Listing of Employment 0penings.................................. 6 28 Employment of the Handicapped................................... 9 29 Clear Air and Water............................................. 10 30 Federal, State and Local Taxes.................................. 11 31 Termination For Convenience of the Government................... 12 j 32 Minority Businese Enterprises Subcontracting Program............ 17 33 Preference For l' S. Flag Air Carriers........................... 18 34 No tice To the Government of Labor Disputep...................... 18 35 Permits......................................................... 19 36 Renegotiation................................................... 19 37-Patent Indemnity................................................ 19 38 Reporting Royalties.............................................. 20 39 No'tice Regarding Late Delivery.................................. 20
GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT (Cont.) ARTICLE TITLE PAGE 40 S to p Wo r k O rd e r............................................. 21 41 Pu bl i ca tion and Publ i ci ty................................... 22 42 Di ssemination of Contract Information....................... 22 43 Wo rk fo r O t h e rs............................................. 23 t 4 f l l e \\ f ii
GENERAL PROVISIONS (Supply Contract)
- 1. DEFINITIONS without limitation raw materials, components, intermediate assemblies, and end products) shall be subject to inspection and As used throughout this contract, the following terms shall test by the Government, to the extent practicable at all times and have the meaning set forth below:
(a) The term " head of the agency" or " Secretary" as used places including the period of manufacture, and in any event prior to acceptance. herein means the Secretary, the Under Secretary, any Assistant Secretary, or any other head or assistant head (b) In case any supplies or lots of supplies are defective in of the executive or military department or other Federal material or workmanship or otherwise not in conformity with the agency; and the term "his duly authorized representative" requirements of this contract, the Government shall have the means any person or persons or board (other than the right either to reject them (with or without instructions as to Contracting Omcer) authorized to act for the head of the their disposition) or to require their correction. Supplies or lots agency or the Secretary, of supplies which have been rejected or required to be corrected (b) The term " Contracting Omcer" means the person executing shall be removed or, if permitted or required by the Contracting this contract or. behalf of the Government, and any other Omcer, corrected in place by and at the expense of the Contractor omeer or civilian employee who is a properly designated promptly after notice, and shall not thereafter be tendered for Contracting Omcer; and the term includes, except as other-acceptance unless the former rejection or requirement of correc-wise provided in this contract, the authorized representa-tion is disclosed if the Contractor fails promptly to remove such tive of a Contracting Omcer acting within the limits of his supplies or l'ots of supplies which are required to be removed, or authority. promptly to replace or correct such supplies or lots of supplies, (c) Except as otherwise provided in this contract, the term the Government either (i) may by contract or otherwise replace " subcontracts" includes purchase orders under this or correct such supplies and charge *o the Contractor the cost
- contract, occasioned the Government thereby, or (ii) may terminate this contract for default as provided in the clause of this contract
- 2. Citects entitled " Default." Unless the Contractor corrects or replaces The Contracting Omcer may at any time, by a written order, such supplies within the delivery schedule, the Contracting Omcer and without notice to the sureties, make changes, within the gen-may require the delivery of such supplien at a reduction in price eral scope of this contract, in any one or more of the following:
which is equitable under the circumstances. Failure to agree to (i) Drawings, designs, or specifications, where the supplies to be such reduction of price shall be a dispute concerning a question furnished are to be specially manufactured for the Government of fact within the meaning of the clause of this contract entitled in gecordance therewith; (ii) method of shipment or packing; " Disputes." and (iii) place of delivery. If any such change causes an increase (c) If any inspection er test is made by the Government on the or drerrase m the cost of, or the time required for, the perform-premises of the Contractor or a subcontractor, the Contractor ance of any part of the work under this contract, whether changed without additional charge shall provide all reasonable facilities or not changed by any such order, an equitable adjustment shall and assistance for the safety and convenience of the Government be made in the contract price or delivery schedule, or both, and inspectors in the performance of their duties. If Government the contract shall be modified in wr. ting accordingly. Any claim by inspection or test is made at a point other than the premines of the Contractor for adjustment under this clause must be asserted the Contractor or a subcontractor, it sha!! he at the expense of within 30 days from the date of receipt by the Contractor of the the Government except as otherwise provided in this contract: notification of change: Provided, however That the Contracting Provided, That in case of rejection the Government shall not be Omcer, if he decides that the facts justify such action, may re-liable for any reduction in value of samples used in connection ceive and act upon any such claim asserted at any time prior t with such inspection or test. All inspections and tests by the final payment under this contract. Where the cost of property Government shall be performed in such a manner as not to unduly made obsolete or excess as a result of a change is included in the delay the work. The Government reserves the right to charge to Contractor's claim for adjustment, the Contracting Omcer shall the Contractor any additional cost of Government inspection and have the right to prescribe the manner of disposition of such test when supplies are not ready at the time such inspection and property. Failure to agree to any adjustment shall be a dispute test is requ.sted by the Contractor or when reinspection or retest conecrning a question of fact within the meaning of the clause of is necessitated by prior rejection. Acceptance or rejection of the this contract entitled Disputes. However, nothmg in this clause supplies shall be made as promptly as practicable after delivery, shall excuse the Contractor from proceeding with the contract as except as otherwise provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the Contractor from responsibility for such supplies as are not in
- 3. EXTRAS ace rdance with the contract requirements nor impose liability Except as otherwise provided in this contract, no payment for on the Government therefor.
j extras shall be made unless such extras and the price therefor (d) The inspection and test by the Government of any supplies have been authorized in writing by the' Contracting Omcer. or lots thereof does not relieve the Contractor from any respo.w-bility regarding defects or other failures to meet the contract
- 4. VAntATION IN Qt'ANTITY s
No variation in the quantity of any item called for by this con. requirements which may be discovered prior to acceptance. tract will be accepted unless such variation has been caused by Except as otherwise provided in this contract, acceptance shall be conclusive except as regards latent defects, fraud, or such conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, gross mistakes as amount to fraud. specified elsewhere in this contract. (e) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies E INsncTmN hereunder. Records of all inspection work by the Contractor (a) All supplies (which term throughout this clause includes sha!! be kept complete and available to the Government during STANDARO FORM 32 (Rev. 4 75) 32-10s OO =Q 1 Prescribed by CSA. FPR t41 CFR) 1-16.401 a. e
~.- ~ -~.. 4 the performance of this contract and for such longer period as surety falls to furnish soports ao to his financial condition from may bc xpecified einewhere in this contract. time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may be required C. hmNstprLary ron 3UPPLir.s from time to time to protect the interests of the Government and Except as otherwise provided in thiz contract, (i) the Con-of persons supplying labor or materials in the prosecution of the tractor shall be responsible for the supplies covered by this work contemplated by this contract. contract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) after delivery to the
- 10. EXA.%11N AT!0N 0r RECORDS BY C0htPTROLt.ER CENERAl.
Government at the dexignated point and prior to acceptance by (a) This clause is applicable if the amount of this contract tha Government or rejection and giving notice thereof by the exceeds $10,000 and was entered into by means of negotiation. Gmernment, the Gosernment shall be responsible for the loss or including small business restricted advertising, but is not appli-destruction of or damage to the supplies only if such loss, cable if this contract was entered into by means of formal destruction, or damage results from the negligence of oflicers, advertising. agenta, or employees of the Government acting within the scope (b) The Contractor agrees that the Comptroller General of the of their employment; and (iii) the Contractor shall bear all risks United States or any of his duly authorized represer.tatives shall, to reierted supphes after notice of rejection, except that the until the expiration of 3 years after final payment under this a3 Government shall be responsible for the loss, or de<truction of, or contract or such lesser time specified in either Appendix M of the <lamage to tha supplies only if such loss, destruction or damage Armed Services Procurement Regulation or the rederal Procure-results from the gross negligence of omeers, agents, or employees ment Regulations Part 1-20, as appropriate, have access to and of the Government acting within the scope of their employment, the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions re-t pywg lated to this contract, The Contractor shall be paid, upon the submtsuion of proper (c) The Contractor further agrees to include in all his sub-insoims or vouchers, the prices stipulated herem for supplies gg, gg g ,leliv. red and accepted or services rendered and accepted, less tur agrees that the Comptroller General of the United States or dmlu, tions.jf any, as herein provided. Uniens otherwise specified, any of his duly authorized representatives shall, until the expira-payment w di be made on partial deliveries accepted by the Gov-tion of 3 years after final payment under the subcontract or such ernment when the amount due on such deliveries so warrants lesser time specified in either Appendix M of the Armed Services or, when requested by the Contractor, payment for accepted par Procurement Regulation or the Federal Procurement Regulations tial <leliveries shall be made whenever such payment would equal Part 1-20, as appropriate, have access to and the right to examine or euced either $1,000 or 50 preent of the total amount of this any directly pertinent books, documents, papers, and records of mnt ract such subcontractor, involving transactions related to the suh. H. A mmn:NT OF Ct.Al%18 contract. The term "subcontraet" as used in this clause excludes (a) Pursuant to the provisions of the Assignment of Claims (1) purchase oMers not exceeding $10,000 and (2) subcontracts Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C.15), if this or purchae, orders for public utility services at rates established rnntract provides for payments aggregating $1,000 or more, for unif9m applicability to the general public. claim
- for moneys due or to become due the Contractor from the N) The periods of access and examination described in (b)
Government under this contract may be assigned to a bank, trust and (c), above, for records which relate to (1) appeals under company, or other financing institution, including any Federal the " Disputes" clause of this contract, (2) litigation or the lendine agency, and may thereafter be further assigned and settlement of claims arising out of the performance of this con-reassigned to any such institution. Any such assignment or re-tract, or (3) costs and expenses of this contract as to which ex-assignment shall cover all amounts payable under this contract ception has been taken by the Comptroller General or any of his and not already paid, and shall not be made to more than one duly authorized representatives,'shall continue until such appeals, i party, except that any such assignment or reassignment may be litigation, claims, or exceptions have been disposed of, made to one party an agent or trustee for two or more parties Dn d participating in such financing. Unless otherwise provided in thin contract, payments to an assignee of any moneys due or to (a) The Government may, subject to the provisions of para-become due under this contract shall not, to the extent provided graph (c) below, by written notice of default to the Contractor, in maid Act, as amended, be subject to reduction or<netoff. (The terminate the whole or any part of this contract in any one of preceding sentence applies only if this contract in made in time of the followm, g circumstances: war or national emergency as defined in said Act and is with the (i) If the Contractor fails to make delivery of the supplien or liepartment of Defense, the General Services Administration, the to perform the services within the time specified herein or any 1:ncrgy Research and Development Administration, the National extension thereof; or . (ii) If the Contractor falls to perform any of the other pro-i Aeronautics and Space Administration, the Federal Aviation Administration, or any other department or agency of the United visions of this contract, or so fails to make progress as to l l States designated by the President pursuant to Clause 4 of the endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure provino of section 1 of the Assignment of Claims Act of 1940, as amended by the Act of May 15,1951, 65 Stat. 41.) such failure within a period of 10 days (or such longee period (b) In no event shall copies of this contract or of any plans, as the Contracting Omeer may authorize in writing) after specifientions, or other similar documents relating to work under receipt of notice from the Contracting Omeer specifying such failure. t his contract, if marked " Top Secret,"" Secret," or " Confidential," he furnished to any assignee of any claim arising under this (b) In the event the Government terminates this contract in contrnet nr to any other person not entitled to receive the same. whole or in part as provided in paragraph (n) of this clause, the Ilou ever. a copy of any part or all of this contract so marked may Government may procure, upon such terms and in such manner he furninhed. or any information contained therein may be dis, as the Contracting Omeer may deem appropriate, supplies or nervices.similar to those so terminated, and the Contrnetor shall closed, to such assignee upon the prior written authorization of the Contracting Omcer, be liable to the Government for any encan costs for such similar nupplies or servicen: Provided, That the Contrnetor shall continue
- 9. At>mitoNAI. HOND Sr.centTY the performance of this contract to the extent not terminated If any surety upon any bond furn'shed in connection with thin under the provintons of thin clause.
contract becomes unacceptable to the Government or if any such (c) Except with respect to defaults of auhcontractors, the STANDARD FORM 32 tRev. 4-75) 2 - ~
b Contractor shall not be liable for any excess costs if the failure to ing Omcer, who shall reduce his decision to writing and mail or perform the contract arises out of causes beyond the control and otherwise furnish a copy thereof to the Contractor. The decision without the fault or negligence of the Contractor. Such causes of the Contracting Omcer shall be final and conclusive unless, may include, but are not rettricted to, acts of God or of the public within 30 days from the date of receipt of such copy, the Con-ens my. acts of the Government in either its sovereign or con-tractor mails or otherwise furnishes to the Contracting Omcer tractual capacity, firm, floods, epidemics, quarantine restrictions, a written anpeal addressed to the Secretary. The decision of the strikes, freight embargoes, and unusually severe weather; but Secretary or his duly authorized representative for the determi-in,nery case the fadure to perform must be beyond the control nation of such appeals shall be final and concluaive unles4 de-und nidmut the fault or negligence of the Contractor. If the termined by a court of competent jurisdiction to have been fadurn to perform is caused by the default of a subcontractor, fraudulent, or capricious, or arbitrary, or so grossly erroneous and if such default ari*s out of cat a beyond the control of both as necessarily to imply bad faith, or not supported by substantial the Contractor and subcontractor, and without the fault or evidence. In connection with any appeal proceeding under this negligence of eithe.r of them, the Contractor shall not be liable clause, the Contractor shall be afforded an opportunity to be for any excens costs for failure to perform, unless the supplies heard and to offer evidence in support of its appeal. Pending or u rwen to be furni.ded by the subcontractor were obtainable final decision of a dispute hereunder, the Contractor shall proceed from other sources in sufficient time to permit the Contractor to diligently with the performance of the contract and in accordance nmet the required delivery schedule. with the Contracting Omcer's decision. (d) If this contract is terminated as provided in paragraph (b) This " Disputes" clause does not preclude consideration of f a i of this clause, the Government,in addition to any other rights law questions in connection with decisions prov;ded for in para-provided in this clause, may require the Contractor to transfer graph (a) above: Pmided. That nothing in this contract shall be title and deliver to the Government, in the manner and to the construed as making final the decision of any administrative extent directed by the Contracting Omcer, (1) any completed omeial, representative, or board on a question of law. eupplies, and (ii) such partially completed supplies and materials,
- 13. NOTICE AND ASSISTANCE REGARDING PATENT AND parts, toola, dies, jigs. fixtures, plans, drawings, information, CorynicitT INrnINGEMENT and contract rights (hereinafter called " manufacturing ma.
terials") as the Contractor has specifically produced or spe. The provisions of this clause shall be applicable only if the cifically acquired for the performance of such part of this contract amount of this contract exceeds $10.000, as has been terminated; and the Contractor shall, upon direction (a) The Contractor shall report to the Contracting Omeer, of the Contracting Omcer, protect and preserve property in promptly and in reasonable written detail, each notice or claim possession of the Contractor in which the Government has an of patent or copyright-infringement based on the performance of interest. Payment for completed supplies delivered to and ac. this contract of which the Contractor has knowledge. cepted by the Government shall be at the contract price. Payment (b) In the event of any claim or suit against the Government for manufacturing materials delivered to and accepted by the on account of any alleged patent or copyright infringement Government and for the protection and preservation of property arising out of the performance of this contract or out of the use shall be in an amount agreed upon by the Contractor and Con. of any supplies furnished or work or services performed here-tracting Omccr; failure to agree to such amount shall be r dispute under, the Contractor shall furnish to the Government, when concerning a question of f act within the meaning of the clause of requested by the Contracting Omeer, all evidence and information this contract entitied " Disputes." The Government may withhold in possession of the Contractor pertaining to such suit or claim. from amounts otherwise due the Contractor for such completed Such evidence and information shall be furnished at the expense supplies or manufacturing materials such sum as the Contracting of the Government except where the Contractor has agreed to Omcer determines to be necessary to protect the Government indemnify the Government. against lose because of outstanding liens or claims of former lien holders.
- 14. BW AMERICAN AcT (c) If, after notice of termination of this contract under the (a) In acquiring end products, the Buy American Act (41 U.S.
provisions of this clause,it is determined for any reason that the Code 10 a d) provides that the Government give preference to Contractor was not in default under the provisions of this clause, domestic source end products. For the purpose of this clause: or that the default was excusable under the provisions of this (i) " Components" means those articles, materials, and sup-elause, the rights and obligations of the parties shall,if the con. plies, which are directly incorporated in the end products; tract contains a clause providing for termination for convenience (ii) "End products" means those articles, materials, and of the Government, be the same as if the notice of termination supplies, which are to be acquired under this contract for public had been issued pursuant to such elause. If, af ter notice of termi. use; and nation of this contract under the provisions of this clause, it is (iii) A " domestic source end product" means ( A) an un. determined for any reason that the Contractor was not in default manufactured end product which has been mined or produced under the provisions of this clause, and if this contract does not in the United States and (B) an end product manufactured in contain a clause providing for termination for convenience of the the United States if the cost of the components thereof which Government, the contract shall be equitably adjusted to compen, are mined, produced, or manufactured in the United States ex-sate for Puch (crminalIon and the contract modified accordingly; ceeds 50 percent of the cost of all its components. For the failure to agree to nny such adjustment shall he a dispute con. purposes of this (a)(iii)(B), components of foreign origin of eerning a question of fact within the meaning of the clause of this the same type or kind as the products referred to in (h)(ii) or contrnet entitled " Disputes." (iii) of this olauso shall be treated as components mined, pro-(f) The rights and remedies of the Government provided in this duced, or manufactured in the United States. claume shall not be exclusive and are in addition to any other (b) The Contractor agrees that there will be delivered under richts and remedies provid,ed by law or under this contract. this contract only domestic source end products, except end (g) As used in paragraph (c) of this clause, the terms "sub. products: contractor" and " subcontractors" mean subcontractor (s) at (1) Which are for use outside the United States; any tier. (ii) Which the Government determines are not mined, pro. duced,' or manufactured in the United States in sumcient and
- 12. D!srtm:n reasonably available commercial quantities and of a satisf actory (a) Except an otherwise provided in this contract, any dispute quality; concerning a question of fact arising under this contract which (in) As to which the Secretary determines the domestic is not disposed of by agreement shall be decided by the Contract.
preference to be inconsistent with the public interest; or y 8 STANDARD FORM 32 (Rev. 4-75) " (p I j.
d (iv) As to which the Secretary determines the cost to the interpretations of the Secretary of Labor which are now or may e Government to be unreasonable. hereafter be in effect. (The foregoing requirements are administered in accordance l with Executive Order No.10582, dated December 17, 1954.)
- 18. EQUAL OrrORTUNITY (The following clause is applicable unless this contract is ex-
- 15. CONv!CT LAHOa empt under the rules, regulations, and relevant orders of the in connection with the performance of work under this contract, Secretary of Labor (41 CFR, ch. 60).)
the Contractor agrees not to employ any person undergoing sen-During the performance of this contract, the Contractor agrees tence of imprisonment at hard labor except as provided by Public as follows: Law W-lW, September 10,1965 (18 U.S.C. 4082(e)(2)) and (a) The Contractor will not discriminate against any employee Executive Order 11755, December 29,1973. or applicant for employment because of race, color, religion, sex,
- 16. CostnAcT WORK llot'R8 AND S ArrrY STANDARDS AcT-
"I "N ensure that appb.' cants are employed, and that employees are OWRTutE COMrt:NSATION treated during employment, without regard to their race, color, This contract, to the extent that it is of a character specified religion. sex, or national origin. Such action shall include, but not in the Cont ract Work llours and Safety Standards Act (40 U.S.C. be limited to, the following: Employment, upgradmg, demotion. MNWi), in subject to the following provisiona and to all other or transfer; recruitment or recruitment advertising; layoff or applical.le provisions and exceptions of such Act and the regula-tions of the Secretary of Labor thereunder. termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor (a) Overtime requirements. No Contractor or subcontractor agrees to post in conspicuous places, available to employees and contractirm for any part of the contract work which may require applicants for employment, notices to be provided by the Con-or mvolve the employment of laborers, mechanics, apprentices, tracting Omeer setting forth the provisions of this Equal Oppor-t rainew 4, watchmen, and guards shall require or permit any tunity clause. laborer, nmchante, apprentice, trainee, watchman, or guard in (b) The Contracter will, in all solicitations or advertisemer.ts any worb eek in which he is employed on such work to work in for employees placed by or on behalf of the Contractor, state me,e of emht hours in any calendar day or in excess of forty that all qualified applicants will receive consideration for em-hou.w m such workweek on work subject to the provisions of the ployment without regard to race, color, religion, sex, or national Cont ra ct Work llours and Safety Standards Act unless such origin. laborer, mechanic, apprentice. trainee, watchman, or guard re-(c) The Contractor will send to each labor union or reprnenta-ceives compensation at a rate not less than one and one-half times tive of workers with which he has a collective bargaining agree-his basic rate of pay for all such hours worked in excess of eight ment or other contract or understandinir, a notice, to be provided hours in any calendar day or in excess of forty hours in such by the agency Contracting Omcer, advising the labor union or wrh eek, whichever is the greater number of overtime hours. workers' representative of the Contractor's commitments under tb > Viutation; liability for unpaid wages; liquidated damages. this Equal Opportunity clause, and shall post copies of the notice in the event of any violation of the provisions of paragraph (a), in conspicuous places available to employees and applicants for the Contractor and any subcontractor responsible theref'r shall employment. be liable to any affected employee for his unpaid wages. In addi-(d) The Contractor will comply with sll provisiens of Execu-tion, such Contractor and subcontractor shall be liable to the tive Order No.11246 of September 24, 1965, as amended by I?nited States for liquidated damages. Such liquidated damagen Executive Order No.11375 of October 13,1967, and of the rules, nhall be computed with respect to each individual laborer, regulations, and relevant orders of the Secretary of Labor. mechanic, apprentice, trainee, watchman, or guard employed in (e) The Contractor will furnish all information and reports violatmn of the provisions of paragraph (a) in the sum of $10 required by Executive Order No.11246 of September 24, 1965, for each calendar day on which such employee was required or as amended by Executive Order No.11375 of October 13,1967, permitted to be employed on such work in excess of eight hours and by the rules, regulations, and orders of the Secretary of or in excess of his standard workweek of forty hours without pay-Labor, or pursuant thereto, and will permit access to his books, ment of the overtime wages required by paragraph (a). records, and accounts by the contracting agency and the Secretary (c) Withholding for unpaid wages and liquidated damages. The of Labor for purposes of investigation to ascertain compliance Contracting Omcer may withhold from the Government Prime with such rules, regulations, and orders. Contractor, from any moneys payable on account of work per-(f) In the event of the Contractor's noncompliance with the formed by the Contractor or subcontractor, such sums as may Equal Opportunity clause of this contrnet or with any of the administratively be determined to be necessary to satisfy any said rules, regulations. or orders, this contract may be canceled, liabilities of such Contractor or subcontractor for unpaid wages terminated, or suspended, in whole or in part, and the Contractor and liquidated damages as provided in the provisions of para-may be declared ineligible for further Government contracts in graph (b). accordance with procedures authorized in Executive Order No. (d) Subcontracts. The Contrnetor shall insert paragraphs (a) 11246 of September 24,1965, as amended by Executive Order No. through (d) of this clause in all subcontracts, and shall require 11875 of October 13, 1967, and such other sanctions may be im-their inclusinn in all subcontracts of a,ny tier. poned and remedies invoked as prosided in Exceutive Order No. (e) Records. The Contractor shall maintain payroll records 11246 of September 24,1965, as amended by Exceutive Order No, containing the information specified in 29 CFR 516.2(a), Such 11375 of October 13,1967, or by rule, regulation, or order of the records shall be preserved for three years from the kmpletion Secretary of Labor, or as otherwise provided by law. i of the contract. (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless
- 17. Wat.su.IIEALM Pt'nUC CONTRACTS ACT exempted by rules, regulations, or orders of the Secretary of If this contract is for the manufacturi or' furnishing of Labor issued pursuant to section 204 of Executive Order No.
materiala, supplies, articles, or equipment in an amount which 11246 of September 24,1965, as amended by Executive Order No, i exceeds or may exceed $10,000 and is otherwise subject to the 11375 of October 13,1967, no that such previsions will be binding i Walsh.I!caley Public Contracts Act, as amended (41 U.S. Code upon each subcontractor or vendor. The Contractor will take such 35-45), there are hereby incorporated by reference all represen-action with respect to any subcontract or purchase order as the tations and stipulations required by said Act and regulations contracting agency may dirret as a means of enforcing such issued thereunder by the Secretary of Labor, such representa-provisions, including sanctions for noncompliance: Provided, tions and stipulations being subject to all applicable rulings and howerer, That in the event the Contractor becomes involved in, pp0 o ~[Ma n ff. STANDARD FORM 32 (Rev. 4-75) 4 sl) -{ *'j f 1 s . ~.
- -= f a or is threatened with, litigation with a subcontractor or vendor small business concerns; (2) other certified-eligible concerns with as a result of such direction by the contracting agency, the Con-a first preference; (3) certified-eligible concerns with a second tractor may request the United States to enter into such litigation preference which are also small business concerns; (4) other to protect the interests of the United States. certif!ed-eligible concerns with a second preference; (5) per-sistent or substantial labor surplus area concerns which are also
- 19. Orrict Aue Not To BENErtt i
small business concerns; (6) other persistent or substantial labor No member of or delegate to Congress, or res. dent Commis-surplus area concerns; and (7) small business concerns which sioner, shall be admitted to any share or part of this contract, or are not labor surplus area concerns. to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corpo.
- 03. UTruZATION Or MINORITY Bt SINESS ENTERPRISES ration for its general banefit.
(a) It is the polley of the Government that minority business enterprises shall have the maximum practicable opportunity to
- 20. COVEN ANT AcAINst CONTINcENT FEES partiefpate m, the performance of Government contracts.
The Contractor warrants that no person or selling agency has (b) The Contractor agrees to use his best efforts to carry out been employed or retained to solicit or secure this contract upon this policy in the award of his subcontracts to the fullest extent an agreement or understanding for a commission, percentage, consistent with the efficient performance of this contract. As brokerage, or contingent fee, excepting bona fide employees or used in this contract, the term " minority business enterprise" Imna fide established commercial or selling agencies maintained means a business, at least 50 percent of which is owned by by the Contractor for the purpose of securing business. For minority group members or, in case of pu'blicly-owned businesses, breach or violation of this warranty the Government shall have at least 51 percent of the stock of which is owned by minority the right to annul this enntract without liability or in its disen-group members. For the purposes of this definition, minority tinn to deduct from the contract price or consideration, or other-group members are Negroes, Spanish-speaking American persons, wuc recover, the full amount of such commission, percentage' American-Orientals, American Indians, American-Eskimos, and brokerage. or contingent fee. American Aleuts. Contractors may rely on written representa-
- 21. I'rtut sitoN or Sst At1 Bt's! Ness CONCERNS tions by subcontractors regarding their status as minority busi-(a) It is the policy of the Government as declared by the Con-ness enterprises in lieu of an independent investigation, grew t hat a fair proportion of the purchases and contracts for
- 21. PRICtsc Or ADJt'SD!ENTS supphes and services for the Government be placed with small When costs are a factor in any determination of a contract bene 8s concerns.
price adjustment pursuant to the Changes clause or any other (b) The Contractor aernes to accomplish the maximum amount provision of this contrnet, such costs shall be in accordance with of subcontracting to small business concerns that the Contractor the contract cost principles and procedures in Part 1-15 of the finds to be consistent with the efficient performance of this Federal Procurement Regulations (41 CFR l-15) or Section XV cont ract. of the Armed Services Procurement Regulation, as applicable,
- 22. l'TruniroN Or LAsoR StRPLUs AREA CONCERNS which are in effect on the date of this contract.
4 (a) It is the policy of the Government to award contracts to
- 25. PADIENT OP INTEREST ON CONTRACTORS' Ct. AIMS labor surplus area concerns that (1) have been certified by the (a) If an appeal is filed by the Contractor from a final decision Secretary of Labor (hereafter referred to as certified-eligible of the Contracting Officer under the Disputes clause of this con-concerna with first or second preferences) regarding the employ-tract, denying a claim arising under the contract, simple interest ment of a proportionate number of disadvantaged individuals and on the amount of the claim finally determined owed by the Govern-have avreed to perform substantially (1) in or near sections of ment shall be payable to the Contractor. Such interest shall be at concentrated unemployment or underemployment or in persistent the rate determined by the Secretary of the Treasury pursuant to or substantial labor surplus areas or (ii) in other areas of the Public Law 9241,85 Stat. 97, from the date the Contractor fur-United States, respectively, or (2) are noncertified concerns nishes to the Contracting Officer his written appeal under the which have agreed to perform substantially in persistent or sub-Disputes clause of this contract, to the date of (1) a final judg.
stantial labor surplus areas, where this can be done consistent ment by a court of competent jurisdiction, or (2) mailing to the with the efficient performance of the contract and at prices no Contractor of a supplemental agreement for execution either con-hieher than are obtainable elsewhere. The Contractor agrees to firming complekd negotiations between the parties or carrying use his test efforts to place his subcontracts in accordance with out a decision of a board of contract appeals. thia policy. (b) Notwithstanding (a), above, (1) interest shall be applied (b) In complying with paragraph (a) of this clause and with only from the date payment was due, if such date is later than paragraph (b) of the clause of this contract entitled " Utilization the filing of appeal, and (2) interest shall not be paid for any of Small Husiness Concerns" the Contractor in placing his sub-period of time that the Contracting Officer determines the Con-contracts shall observe the following order of preference: (1) tractor has unduly delayed in pursuing his remedies before a Ce-tified. eligible concerns with a first preference which are also board of contract appeals or a court of competent jurisdiction. D"D N D'T j s o6 6' 3
- r. s m, mp u run nw m nce > w. n. w.+.
5 STANDARD FORM 32 (Rev. 4 76)
a FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32 (1-16.101(c)) CENERAL PROVISIONS (SUPPLY CONTRACT) (June 1976) ADDITIONS, CONSIST OF ARTICLES THROUGH 26. ALTERATIONS j The following alterations to the provisions of Standard Form 32, General Provisions, of this contract were made prior to execution of the contract by the parties: l 1. DEFINITIONS The following paragraph '(d) is added to this clause: a. "(d) The term " Commission" or "NRC" means the United States Nuclear Regulatory Commission or any duly authorized representative thereof, including the Contracting Officer except for the purpose of deciding an appeal under the Article " Disputes." 27. LISTING OF EMPLOYMENT OPENINGS (FPR Temp. Reg. 39) (Applicable to Contracts Involving $10,000 or More) DISABLED' VETERANS AND VETERANS OF THE VIETNAM ERA a. The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment,,and otherwise treat qualified disabled veterans and veterans for the Vietnam era without discrimination based upon their disability or veterano status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, adver-tising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, b. The contractor agrees that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the I contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office - l of the State employment service, but are not reguired to provide those reports set forth in paragraphs (d) and (e). 1 l 6-
c. Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regard-ing nondiscrimination in employment. d. The reports required by paragraph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, with the central office of that State employment service. Such reports shall indicate for each hiring location (1) the number of indivi-duals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C.1787. The contractor shall submit a report within 30 days af ter the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The contractor shall maintain at each hiring-location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel recorde respecting job openings, recruitment, and placement. Whenever the contractor becomes contractually bound to the listing provisions e. of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the contractor is contractually bour d to these provisions and has so advised the State system, thert: is no need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause. f. This clause does not apply to the listing of employment openings which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. g. The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening.. l
h. As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: production and non-production; plant and office; laborers.and mechanics; eupervisory and nonsupervisory; technical; and executive, administrative, and pro-fessional openings that are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educa-tional institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government. (2) " Appropriate of fice of the State employment service system" means the local office of the Federal / State national system of public employment i offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. (3) " Openings which the contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and the parent compantes) and includes any openings which the contractor proposes to fill from regularly established " recall" lists. (4) " Openings which the contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees. 1. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. J. In the event of the contractor's noncompliance with the requirements of this l clause, actions'for' noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. k. The contractor agrees to post in conspicuous places available to employees and applicants for employment notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor's obligation under the law to take affirmative action to employ. l
s and advance in employ' ment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees. 1. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding. i that the contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take affirmative Action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era. The contractor will include the provisions of this clause in every subcontract m. or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 28. EMPLOYMENT OF THE HANDICAPPED (FPR Temp. Reg. 38) The contractor will not discriminate against any employee or applicant for a. employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is ' qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, re-cruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprent1ceship. b. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973 as amended c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. d. The Contractor agrees to post in conspicuo us places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, office of Federal Contract Compliance Programs, Department of Labor provided by or through the Contracting Officer. Such notices shall state the contractor's obligation under the law to take af firmative action to employ and advance in employment qualified handicapped employees and appli-cants for employment, and the rights of applicants-and employees, The Contractor will notify each labor union or representative of workers e. with which it has a collective bargaining agreement or other-contract under- {. standing that the contractor is bound by the terms of section 503 of the Act, and is committed to' take affirmative action to employ and advance in l employment physically and mentally handicapped individuals. l - _9_
f. The Contractor will include the provisions of this clause in evety sub-contract or purchase order of $2,500 or more unless exempted by rules, reg-l ulations, or orders of the Secretary of Labor issued pursuant to section 503 l of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcon-tract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action. for noncompliance. 29. CLEAR AIR AND WATER (1-1.2302) (Applicable only if the contract exceeds $100,000, or the Contracting Officer has determined that orders under an indefinite quantity contract in any one year will exceed $100,000 or a facility to be used has been the subject of a conviction under the Clear Air Act (42 U.S.C. 1957c-8(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or the contract is not otherwise exempt.) a. The Contractor agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended'(42 U.S.C. 1857, et seq., as amended by Pub. L. 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C.1251 et seq., as amended by Pub. L. 95-500), respec-tively, relating to inspection, monitoring, entry,. reports, and information, as wel1~as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of the contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed. (4) To insert the substance of the provisions of this clause into any nonexempt subcontract, including this paragraph (a)(4). b. The terms used in this clause have the following meanings: (1) The term " Air-Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et. se'q., as amended by Pub. L. 91-604). (2) The term " Water Act means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seq., as amended by Pub. L 92-500). l
(3) The term " clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C.1857c-5(d)), an approved implementation procedure or plan under section 111(c) or section 111(d), respectively, of the Air Act (42 U.S.C. 1857(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)). (4) The term " clean water standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is pro-mulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C.1342), or by local government to ensure compliance with pretreat-ment regulations as required by section 307 of the Water Act (33 U.S.C. 1317). (5) The term " compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accor-dance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto. (6) The term " facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations owned, leased, or supervised by a contractor or subcontractor, to be utilized in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collocated in one geographical area. 30. FEDERAL, STATE AND LOCAL TAXES (1-11.401-1(c)) (a) Except as may be otherwise provided in this contract, the contract price l includes all applicable Federal, State, and local taxes and duties. (b) Nevertheless, with respect to any Federal excise tax or duty on the trans-actions or property covered by this contract, if a statute, court decision, written ruling, or regulation takes effect after the contract date, and-- l 1. Results in the Contractor being required to pay or bear the burden of any such Federal excise tax or duty or increase in the rate thereof which would not otherwise have been payable on such transactions or property, the contract price shall be increased by the amount of such tax or duty or rate increase: Provided, that the Contractor if requested l 1
by the Contracting Of ficer, warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price as a contingency reserve or otherwise; or (2) Results in the Contractor not being required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund, or drawback, or the amount shall be paid to Government, as directed by the Contracting Officer. The contract price shall be similarly decreased if the Contractor, through his fault or negligence or his failure to follow instructions of the Contracting Officer, is required to pay or bear the burden of, or does not obtain a refund or drawback of, any such Federal excise tax or duty. No adjustment pursuant to paragraph (b) above will be made under this contract c. unless the aggregate amount thereof is or may reasonably be expected to be over $100. d. As used in paragraph (b) above, the term " contract date" means the date set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additional supplies or services procured by modification to this contract, the term " contract date" means the date of such modification. Unless there does not exist any reasonable basis to sustain an exemption, the c. Government, upon request of the Contractor, without further liability, agrees, except as otherwise provided in this contract, to furnish evidence appropriate to establish exemption from any tax which the Contractor warrants in writing was excluded from the contract price. In addition, the Contracting Officer may furnish evidence to establish exemption from any tax that may, pursuant to this clause, give rise to either an increase or decrease in the contract
- price, dxcept as otherwise provided in this contract, evidence appropriate to establish exemption from duties will be furnished only at the discretion of the contracting Officer.
f. The Contractor shall promptly notify the Contracting Officer of matters which will result in either an increase or decrease in the contract price, and shall take action with respect thereto as directed by the Contracting Officer. 31. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (1-8.701) The performance of work under this contract may be terminated by the Government a. in accordance with this clause in whole, or from time to time in part, whenever the Contracting Of ficer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. . l
b. After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer; the Contractor shall: (1) Stop work under the contract on the date and to the extent specified in the Notice of Termination; (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated; (3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (4) Assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Of ficer, all of the right, title, and interest of the' Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (5) Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent he may require, which approval or ratification shall be final for all the purposes of this clause; (6) Transfer title to the Government and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer, (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (ii) the completed or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Government; (7) Use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Contracting ' Officer, any property of the types referred to in (6) above: Provided, houever, That the Contractor (1) shall not be required to extend credit - to any purchaser, and (ii) may acquire any such property under the condi-tions prescribed by and at a price or prices approved by the Contracting Officer: And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Contracting Officer may direct; (8) Complete performance of such part of the work as chall not have been terminated by the Notice of Termination; and _ _ _ _ - __ _ - _ _ _ - _ _ _ _
b / \\ (9) Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Government has or may acquire an interest. At any time after erpiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR 1-8.1), as the definition may be amended from time to time, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously dis-posed of, exclusive of items the disposition of which has been directed or authorized by the Contracting Officer, and may request the Government to remove such items or enter into a storage agreement covering them. Not later than fifteen (15) days thereafter the Government will accept title to such items and remove them or enter into a storage agreement covering the same: Provided, That the list submitted shall be subject to verification by the Contracting Officer upon removal of the items or, if the items are stored, within forty-five (45) days from the date of sub-mission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement. c. After receipt of a Notice of Termination, the Contractor shall submit to the Contracting Officer his termination claim, in the form and with certification prescribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon request of the Contractor made in writing within such one-year period or authorized extension thereof. However, if the Contracting Officer determines that the facts justify such action, he may receive and act upon any such termination claim at any time af ter such one-year period or any extension thereo'f. Upon failure of the Contractor to submit his termination claim within the time allowed, the Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined. d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done: Provided, That such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to agree upon the whole amount to,
be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict, or otherwise determine or i affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph (d), e. In the event of the failure of the Contractor and the Contracting Officer to agree as provided in paragraph (d) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Contracting Of ficer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him the amount if any due l to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined as follows: (1) For completed supplies accepted by the Government (or sold or acquired as provided in paragraph (b) (7) above) and not theretofore paid for, a sum equivalent to the aggregate price for such supplies computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving of freight or other charges; (2) The total of-- (1) The costs incurred in the performance of the work terminated,. including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies paid or to be paid for under. paragraph (e) (1) hereof; (ii) The cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b) (5) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (1) above); and (iii) A sum, as profit on (1), above, determined by the contracting of ficer pursuant to 5 1-8.303 of the Federal Procurement Regulations (41 CFR 1-8.303), in effect as of the date of execution of this contract, to be fair and reasonable: Provided, hopever, That if it appears that the contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (iii) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and (3) The reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the I i
6 1 contract and for the termination and settlement of subcontracts the reunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of property allocable to this contract. The total sum to be paid to the Contractor under (1) and (2) of this paragraph (e) shall not exceed the total contrac.t price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. Except for normal spoilage, and except to the extent that the Government shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in (e) (1) and (2) (i)' above, the fair value, as determined by the Contracting Officer, of property which is destroyed, lost, stolen, or damaged so as to become undeliverable to the Government, or to a buyer pursuant to paragraph (b) (7). f. Costs claimed, agreed to, or determined pursuant to paragraphs (c), (d), and (e) of this clause shall be in accordance with the applicable contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR 1-15) in effect on the date of this contract. g. The Contractor shall have the right to appeal, under the clause of this contract entitled " Disputes," from any determination made by the Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor has failed to submit his claim within the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Contracting Officer has made a determination of tne amount due under paragraph (c) or (e) above, the Government shall pay to the Contractor the following: (1) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Contracting Officer; or (2) if an appeal has been taken, the amount finally determined on such appeal. h. In arriving at the amount due the Contractor under this clause there shall be deducted (1) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (2) any claim which the Government may have against the Contractor in connection with this contract; and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or sold, pursuant to the. provisions of this clause, and not otherwise recovered by or credited to the Government. i If the termination hereunder be partial, prior to the settlement of the termi-nated portion of this' contract, the Contractor may file with the Contracting Officer a request in,wr4 ting for an equitable a4justment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the Notico '; Termination), and such equitable adjustment as may be agreed.upon shall be made in such price or prices. t s i
l i j. The Gavernment may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection witit the terminated portion of this contract whenever in the opinion of the Contracting Officer the aggregate of such payments shall be within the amount to which the Contractor will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor to the Government upon demand, together sith interest computed at the rate of 6 percent per annum for the period from the date sbch excess payment is received by the Contractor to the date on which such excess is repaid to the Government: Provided, houever, That no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention of disposition, or such later date as determined by the Contracting Officer by reason of the circumstances. I k. Unicas otherwise provided for in this contract, or by applicable statute, the contractor, from the effective date of termination and for a period of three years after final settlement under this contract, shall preserve and make available to the Government at all reasonable times at the office of the Contractor but without direct charge to the Government, all his books, records, documents, and other evidence bearing on the costs and expenses of the Contractor under this contract and relating to the work terminated hereunder, or, to the extent approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions thereof. 32. MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM (1-1.1310.2(b)) The Contractor agrees to establish and conduct. a program which will enable a. minority business enterprises (as defined in the clause entitled " Utilization of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers under this contract. In this connection, the Contractor shall-- (1) Designate a liaison officer who will administer the Contractor's minority business enterprises program. (2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in all "make-or-buy" decisions. (3) Assure that known minority business enterprises will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations,' time for the preparation of bids, quantities, specifica-tions, and delivery schedules so as to facilitate the participation of minority business enterprises. (4) Maintain records showing (i) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises, (ii) awards to minority business enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprises.- s (5) Include the Utilization of Minority Business Enterprises clause in J subcontracts which offer substantial minority business enterprises subcontracting opportunities. (6) Cooperate with the Contracting Officer in any studies and surveys of the Contractor's minority business enterprises procedures and practices that the Contracting Officer may from time to time conduct. (7) Submit periodic reports of subcontracting to known minority business enterprises with respect to the records referred to in subparagraph (4), above, in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe. b. The Contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors. 33. PREFERENCE FOR U.S. FLAG AIR CARRIERS (1-1.323-2) a. Pub. L. 93-623 requires that all Federal agencies and Government contractors and subcontractors will use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. It further provides that the Comptroller General of the United States shall disallow any expenditure from appropriate funds for international air transportation on other than a U.S. flag air carrier in the absence of satisfactory p'.oof of the necessity therefor. b. The contractor agrees to utilize U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. c. In the event that the contractor selects a carrier other than a U.S. flag air carrier for international air transportation; he will include a certifica-tion on vouchers involving such transportation which is essentially as follows: CERTIFICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRIERS l I hereby certify that transportation service for personnel (and their l personal effects) or property by certificated air carrier was unavailable for ( the following reasons: (state reasons) 34. NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (1-7.203-3) a. Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this l l l ' See Federal Procurement Regulations (41 CFR 1-1.323-3) or section 1-336.2 of the Armed Services Procurement Regulations, as applicable.- \\ i 8 , s
r \\ contract, the Contractor shall immediately give notice thereof, including all relevant informat' ion'with respect thereto, to the Contracting Officer, b. The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that each such subcontract shall provide that in the event its timely performance is delayed or threatened by delay by an actual or potential labor dispute, the subcon-tractor shall immediately notify his next higher tier subcontractor, or the Prime Contractor, as the case may be, of all relevant information with respect to such disputes. 35. PERMITS (9-7.5006-48) Except as otherwise directed by the Contracting Officer, the contractor shall procure all necessary permits or licenses and abide by all applicable laws, regulations, and ordinances'6f the United States and of the State, territory, and political subdivision in which the work under this contract is performed. 36. RENEGOTIATION (9-7.5004-20) If this contract is subj ect to the Renegotiation Act of 1951, as amended, the following provisions shall apply: a. This contract is subject to the Renegotiation Act of 1951 (50 U.S.C. App. 1211, et. seq.), as amended, and to any subsequent act of Congress providing for the renegotiation of contracts. Nothing contained in this clause shall impose any renegotiation obligation with respect to this contract or any subcontract hereunder which is not imposed by an act of Congress heretofore or hereaf ter enacted. Subject to the foregoing, this contract shall be deemed to contain all the provisions required by section 104 of the Renegotiation'Act of 1951, and by'any such other act, without subsequent contract amendment specifically incorporating such provisions. b. The contra'ctor agrees to' insert the provisions of this clause, including this paragraph (b), in,all subcontracts, as that term is defined in section 103 g. of the Renegotiation Act of 1951, as amended. 37. PATENT INDEMNITY (9-9.5009(c)) The Contractor agrees to indemnify the Government, its officers, agents, servants, and employees against liability of any kind (including costs' and expenses incurred) for the use of any invention or discovery and for the infringement of any Letters Patent (not including liability, arising pursuant to Section 183, Title 35, (1952) U.S. Code, prior to the issuance of Letters Patent) occurring in the performance of this contract or arising by reason of the use of disposal by or for the account of _ the Government of items manufactured or supplied under this contract. 19 -
u. e a + l 38. REPORTING OF ROYALT1ES (9-9.5011) ( If this contract is in an amount which exceeds $10,000 and if any royalty l payments are directly involved in the contract or are reflected in the contract price to the Government, the Contractor agrees to report in writing to the Commission (Patent Counsel, Office of the Executive Legal Director) during the performance of this contract and prior to its completion or final settlement the amount of any royalties or other payments paid or to be paid by it directly to others in connection with the performance of this contract together with the names and addresses of licensors to whom such payments are made and either the patent numbers involved or such other information as will permit identification of the patents or other basis on which the royalties are to be paid. The approval of the Commission of any individual payments or royalties shall not estop the Government at any tLae from contesting the enforceability, validity or scope of, or title, to, any patent under which a royalty or payments are made. 39. NOTICE REGARDING LATE DELIVERY (1-7.204-4) In the event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the contract delivery schedule or date, the Contractor shall immediately notify the Contracting Officer thereof in writing, giving pertinent details, including the date by which it expects to complete performance or make delivery: Provided, hauever, That this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule or date, or any rights or remedies provided by law or under this contract. t o' s D 40. STOP WORK ORDER (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of ninety (90) days after the order is delivered to the Contractor, and for any further period at which the parties may agree. Any such order shall be specifically identified as a Stop Work Order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable' steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of ninety (90) days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either: (i) cancel the stop work order, or-(ii) terminate the work covered by such order as provided in the " Default" or the " Termination for Convenience" clause of this contract. (b) If a stop work order issued under this clause is cancelled or the period of the order or any extension thereof expires, the Contractor shall resume work. An equitable adjustment shall be made in the delivery schedule or contract price, or both, and the contract shall be modified in writing accordingly, if: (i) the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract, and (ii) the Contractor asserts a claim for such adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract. (c) If a stop work order is not canceled and the work covered by such order is terminated for the convenience of the Government, the reasonable costs resulting from the stop work order shall be allowed in arriving at the termination settlement. (d) If a stop work ordqr is not canceled and the work covered by such order is terminated for default, the reasonable costs resulting from the stop work order shall be allowed by equitable adjustment or otherwise. t \\ 21
~ s 41. PUBLICATION AND PUBLICITY Unless otherwise specified in this contract, the Contractor is encouraged l to publish and make available through accepted channels the results of its work under this contract. The Contractor shall submit a copy of each article or other information to the Project Officer prior to publication or dissemination for public use. If the article or other information is subsequently modified or altered in any manner, the Contractor shall promptly notify the Project Officer and furnish him/her a copy of the article or other information as finally submitted for publication or dissemination. The Contractor shall acknowl' edge the support of the U, S. Nuclear Regulatory Commission whenever publicizing the work under this contract in any media. To effectuate the foregoing, the Contractor shall include in any publication resulting from work performed under this contract an acknowledgement substantially as follows: "The work upon which this publication is based was performed pursuant to Contract (insert number) with the (insert name of constituent agency), U. S. Nuclear Regulatory Commission." Either Clause No. 42, entitled " Dissemination of Contract Information" or Clause No. 41 is for application but not both. In the absence of a clear delineatioq, C.lause Ro. 41 applies. 42. DISSEMINATION OF' CONTRACT INFORMATION The Contractor shall not publish, permit to be' published, or distribute for public consumption, any information, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. (Twocopies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.) Failure to comply with this clause shall be grounds for termination of this contract, i 0 22 1 s
r, .',6" s 43. WORK FOR OTHERS Notwithstanding any othe,r provision of th.is contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to an actual or apparent conflict of interest with respect to the work being performed under this contract. The contractor shall insure that all employees designated as key personnel if any, under this contract abide by the provisions of this clausa. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a possible conflict of interest, the contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement. i \\ 0 8 t t 23 l .- - -,}}